Recently, two-thirds of the Rajya Sabha MPs of AAP quit the party and joined the BJP, leading to the submission of a disqualification plea.
- As per the Tenth Schedule, Disqualification on the grounds of defection not to apply in case of merger.
- It provides that member of a House shall not be disqualified where his original political party merges with another political party with at least 2/3 members.
- The disqualification plea argues that Tenth Schedule requires a genuine merger of the original political party, not just legislators switching sides.
Tenth Schedule and Disqualification of Legislators
- Popularly referred Anti-Defection Law
- Added in the Constitution through the Fifty-Second Amendment Act, 1985.
- The 91st Constitutional Amendment Act strengthened the anti-defection law by removing the 1/3rd split provision, making it at least 2/3rd.
- Objective: aimed to combat political defections and safeguard democracy.
- Grounds for Disqualification:
- Voluntarily giving up party membership;
- Defying party whip during voting;
- If an independently elected legislator joins a political party;
- If a nominated member joins any political party, after six months from the day he becomes a legislator.
- Entrusted the Speaker/Chairman with adjudication for fearless and expeditious decisions, explicitly to avoid lengthy court delays.
