10th Schedule

Anti Defection Law :-

The Tenth Schedule was inserted within the constitution in 1985 by the 52nd Amendment Act, by which Lagislators of both house can be disqualified. The final decision on disqualification of a member will be done by The Chairman or the Speaker of the House.

 

Disqualification:-

·       If he Voluntarily gives up the membership of party .

·       If he votes or refuse to vote against to any direction issued by original party without prior permission.

·       If an independent candidate joins a party after the election.

·       If a nominated member joins any party after six months of he becomes a member of legislature.

 

Exceptions:-

·       In this case members who plan to unite, and members who plan to stick with original party won’t face disqualification.

·       If the party joins the new group with not less than two third members.

 

Advantages of Anti Defection law:-

·       Candidate are progressing to be loyal to the party.

·       It will Reduce corruption at the political level.

·       It will Promotes party discipline.

 

Drawback of Anti Defection law:-

·       A suspended member from a party isn’t disqualified from membership of the house.

·       The speaker needn’t take decision immediately.

·       The house leader can take up a choice only if he/she receives a complains from a member of the house.

SOURCES

  • Wikipedia 
  • YouTube 

JAYA PAREEK 

1 thought on “10th Schedule”

  1. Whether the Court could direct the Speaker to perform or refrain from performing any act? If yes, to what extent? (Regarding 10th schedule)

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