Anti-Defection and Schedule 10

Schedule 10 of the Indian Constitution lays down provisions for the disqualification of members of parliament and state legislatures on the grounds of defection. It was added to the Constitution by the 52nd Amendment Act of 1985.

Provisions of Schedule 10

1. Definition of Defection: According to Schedule 10, a member of a political party is said to have defected if he/she:

- Voluntarily gives up the membership of his/her political party; or
- Votes or abstains from voting in the House against the direction of his/her party.

2. Disqualification: A member of parliament or legislature who has defected is disqualified from being a member of the House.

3. Exceptions: The following situations are not considered as defection:

- If a member of a party votes in accordance with the direction of the party on a matter which is not related to the party's policies or ideology.
- If a member of a party, after being elected as the presiding officer of the House, does not vote in the House except in case of a tie.

4. Decision on Disqualification: The decision on disqualification is taken by the presiding officer of the House. However, an appeal against the decision can be made to the High Court and later to the Supreme Court.

Purpose of Schedule 10

The purpose of Schedule 10 is to prevent political defections which can result in instability and hamper the functioning of the government. It also seeks to ensure that elected representatives remain loyal to the party they represent and do not switch sides for personal gain.

Conclusion

Schedule 10 of the Indian Constitution is related to the Anti-Defection law which seeks to prevent political defections. It lays down provisions for the disqualification of members of parliament and state legislatures on the grounds of defection, and aims to ensure stability and loyalty among elected representatives.