This article has been written by Mr. Vedant Singh Pal, a student studying BBA LL.B.(Hons.) From ICFAI Law School, The ICFAI University, Dehradun. The author is a 2nd-year law student.
Title- Schedule X of our Indian Constitution-a myth or a reality
INTRODUCTION
Our politicians, whose name derives from the word “politics,” are the conduits through which our Indian legislative and bureaucratic system operates. Politics comes from the Greek word “Politika,” which means “of, for, or relating to citizens.” However, to a layperson, Indian politics is a bog where one enters and never leaves. Politicians make promises but never keep them; They focus on making people’s lives miserable and filling their pockets. After independence, it was simple for a legislative elected member to switch parties to achieve their goals, which caused many governments to fall. In light of this, our legislatures amended our Constitution in 1985 with the 52nd Amendment Act and passed an anti-defection law that added a new schedule to our Constitution, the X Schedule.
The primary objective of the anti-defection law is to combat “the evil of political defections.” This law was enacted shortly after Lieutenant Shri. With a huge mandate, Rajiv Gandhi became the country’s Prime Minister. Without Rajiv Gandhi and his government’s unprecedentedly large majority, this law would not have been passed. With our excellent legal community, it was not difficult to find some loopholes in this law, and they used them to their advantage, despite the fact that this law was passed to curb political deflections.
What Is An Anti-Defection Law?
- The interpretation-
- “House” refers to any residence owned by a party affiliated with the Legal Assembler, regardless of whether it is a home or another type of property. Dwelling of the Legislative Assembly of a State;
- “Legislative Party,” in reference to a member of a House of Representatives, is any political party in accordance with the powers that be.
- Disqualification On The Grounds Of Defection-
- If he has freely quit belonging to that political party;
- If he votes or abstains from voting in that House in violation of any directive issued by the political party to which he belongs or by any individual or body authorised by it in that regard, without first obtaining the consent of that political party, individual, or body, and without that political party, individual, or body’s approval within fifteen days of the date of the voting or abstention.
- Explanation-
- A member of the House who has been elected is presumed to be a member of the political party, if any, from which he or she was nominated to serve in that capacity;
- A nominated member of a House shall,
- I will be assumed to belong to that political party if, at the time of his nomination, he was a member of that party;
- In any other situation, be assumed to belong to the political party of which he joins or, as the case may be, first joins, before the passing of six months following the date on which he assumes his seat after fulfilling the conditions of article 99 or, as the case may be, article 188.
THE LAW RELATING TO DEFECTION IN OTHER COUNTRIES
Not only is anti-defection legislation used in India, but also in Bangladesh, Kenya, South Africa, and other nations. According to Article 70 of the Bangladesh Constitution, a member must resign from his position or abstain from voting in accordance with the instructions given by his party. The Speaker sends the Election Commission the dispute.
According to Section 40 of the Kenyan Constitution, a member who leaves his party must resign from office. The Speaker makes the decision, and the member has the right to appeal to the High Court.
According to Article 46 of the Singapore Constitution, a member must resign or be expelled from his party in order to retain his seat. According to Article 48, Parliament must make a decision on any issue involving a member’s disqualification.
A member of the Parliament loses their seat if they stop being a member of the party that nominated them, according to Section 47 of the South African Constitution.
DEFECT OF DEFECTIONS
More than one-third of the party’s members leaving the party were regarded as valid defections. Additionally, it allowed for the disqualification of specific members who left the party through which they were elected. Even in this case, the law is subject to wide interpretation, and in some state legislatures, the Speaker’s predisposition creates confusion that frequently results in lawsuit.
The anti-defection law was first contested in Parkash Singh Badal and Others v. Union of India and Others in the Punjab and Haryana High Court. According to the court, the right of a member under Article 105 is not an absolute one and has been made subject to the provisions of the Constitution as well as the rules and standing orders governing the procedure of Parliament.
Both the Constitution (48th Amendment) Bill of 1978 and the Constitution (32nd Amendment) Bill of 1973 included provisions for the president and state governors to make decisions regarding defection-based disqualification.
DEPENDENTS AND INDEPENDENTS
The Constitution allocates a few nominated seats in legislative houses. He is ineligible to be nominated as a legislator unless he is dependent. He can thus choose his allegiance. If a nominated member of a house joins a political party after six months, he will be disqualified. The law only allows him to remain loyal or unfaithful to the nominating party for a period of six months, then. (Section 2(3) of the Tenth Schedule to the Indian Constitution)
The claim that independent members cannot be disqualified for leaving their “independent” status is untrue. An independent lawmaker would lose membership if he joined a political party. A legislator’s obligation to remain independent is mandated by law. He is free to support any political party he chooses, but he shouldn’t identify with any particular one. The evidence that has been submitted for the record should support this choice. The lawmakers were chosen as Members of the Assembly as independent candidates in Jagjit Singh v. State of Haryana. Later, they joined a political party, and both print and electronic media reported on the news of their affiliation.
CONCLUSION
When the anti-defection law was passed, it was intended to reduce political defect, but owing to escalating political corruption and dishonesty, it never developed effectively. As a result, the question of “whether accomplishing the goals of this law is a fact or a myth” has arisen. Politicians exploited this law’s weaknesses for personal gain.
In order to confront the scourge of corruption and defection, which has undermined the values of democracy, it is urgent that our Parliament be given a watchdog, and our constitutional experts should revisit the matter.
Social activists like Anna Hazare and current public figures like Baba Ramdev are working hard with the assistance of citizens to ensure that our sleeping government wakes up and starts taking steps towards eradicating political corruption because only this will help in achieving the goal which was set. Mahatma Gandhi used the methods of “non-violence” and “satyagraha” to drive the British from the country.
The government is responsible for standing up and delivering now to prevent this law from becoming a myth. In conclusion, I would like to quote that “a government, for safeguarding business exclusively, is about a corpse, and quickly falls by its own corruption and decay.”
Reference:
- M.P. Jain, 5th Edition, 2003 Vol. 2 Indian Constitutional Law, Pg. 2292
- M.P. Jain, 5th Edition, 2003 Vol. 2 Indian Constitutional Law, Pg. 2053
- M.P. Jain, 5th Edition, 2003 Vol. 2 Indian Constitutional Law, Pg. 2082
- https://nlc.org.in/ten-myths-of-indian-constitutional-law-2/
- https://economictimes.indiatimes.com/blogs/et-commentary/an-overview-on-tenth-schedule-of-the-constitution/
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