Grounds for Disqualification Under the Tenth Schedule

At a Glance

• What it is The grounds on which a legislator is disqualified for defection
• Categories Party members, independents, nominated members
• Exceptions Merger with two-thirds and presiding officers
• Condonation Within 15 days by the party
• Exam link UPSC Prelims, Polity: Anti-Defection Law

Where Does It Fit?

This is the second topic of the category on the Anti-Defection Law. The Tenth Schedule lists the situations in which a member is disqualified, differently for members of parties, independent members and nominated members, and carves out two exceptions.

Members of Political Parties

A member of a House belonging to any political party becomes disqualified for being a member of the House if: (a) he or she voluntarily gives up the membership of such political party; or (b) he or she votes or abstains from voting in such House contrary to any direction issued by the political party without obtaining its prior permission, and the act has not been condoned by the party within 15 days. It is clear that a member elected on a party ticket should continue in the party and obey the party directions.

Independent and Nominated Members

An independent member of a House, elected without being set up as a candidate by any political party, becomes disqualified to remain a member if he or she joins any political party after the election. A nominated member becomes disqualified if he or she joins any political party after the expiry of six months from the date on which he or she takes a seat in the House. This means a nominated member may join a party within six months of taking the seat without attracting the disqualification.

Exceptions

The disqualification does not apply in two cases. First, if a member goes out of the party as a result of a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such merger. Second, if a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of the party or rejoins it after ceasing to hold that office. This exemption was provided in view of the dignity and impartiality of that office. The earlier provision exempting a split by one-third of the legislature party was deleted by the 91st Amendment Act of 2003, which means the defectors have no more protection on grounds of splits.

Reading the Grounds Closely

The first ground, voluntarily giving up membership, is wider than formal resignation, since the member may leave without resigning. The second ground applies to voting or abstaining against a direction of the party, which is why the party whip matters. Prior permission from the party or condonation within 15 days frees the member of the penalty, so the party itself has the power to forgive. The grounds for independents and nominated members rest on the idea that a person elected without a party label should not join one afterwards, while a nominated member, who is chosen for expertise and not by voters, gets six months to decide. In every case, the question is decided by the presiding officer, as explained in the next topic.

Penalties Beyond Disqualification

The 91st Amendment also provides that a member of either House of Parliament or a state legislature belonging to a political party and disqualified on the ground of defection is also disqualified to be appointed as a minister, and is disqualified to hold any remunerative political post, meaning any office under the Central or a state government where the salary is paid out of public revenue, or under a body wholly or partly owned by them where the remuneration is paid by that body, except where it is compensatory in nature. These measures aim to remove the incentive of office for defectors.

Why Is This Topic Important?

• Statement questions Who is disqualified and when
• Six months Nominated member rule
• Exceptions Two-thirds merger

What Came Next?

The next topic covers the role of the presiding officer in deciding anti-defection cases.

Key People and Terms

• Voluntarily giving up membership Leaving the party by choice
• Whip Party direction on voting
• Condonation Party forgiving a violation
• Merger Combining of parties
• Remunerative political post Paid public office

Exam Corner

Mains Angle

Questions on this topic usually ask about the logic of each ground. Use these points to add depth.

• Loyalty to the party Elected on party ticket
• Independent versus nominated Criticised as illogical
• Merger rule Collective changes allowed
• Penalties Minister and paid posts barred