Presiding Officer of the House

The question of disqualification of a member of Parliament arising on the ground of defection is decided by the Presiding Officer of the House. Let's understand why this is the correct answer.

Defection and Anti-Defection Law

Defection refers to the act of leaving one political party to join another or to form a new party. To curb this practice and maintain the stability of political parties and governments, the Anti-Defection Law was enacted in 1985 as the Tenth Schedule of the Constitution of India. This law sets out the provisions for disqualification of elected members on the grounds of defection.

Role of the Presiding Officer

The Presiding Officer of the House plays a crucial role in the implementation of the Anti-Defection Law. The Presiding Officer refers to the Speaker in the case of Lok Sabha and the Chairman in the case of Rajya Sabha. The role of the Presiding Officer includes the following:

1. Decision-making: The Presiding Officer has the authority to make the final decision on disqualification petitions filed against members of Parliament. The decision is based on the recommendations of the leader of the political party concerned or any other member.

2. Inquiry and Disqualification: The Presiding Officer conducts an inquiry to determine whether a member has incurred disqualification under the Anti-Defection Law. The inquiry involves providing an opportunity to the member to present his/her case and examining relevant evidence.

3. Timeframe for Decision: The Presiding Officer is required to decide on disqualification petitions in a timely manner. The law specifies a period of three months for the completion of an inquiry and giving a decision.

4. Judicial Review: The decision of the Presiding Officer can be challenged in the High Court and subsequently in the Supreme Court of India through a writ petition. The courts have the power of judicial review to examine whether the decision of the Presiding Officer is in accordance with the law.

Conclusion

In conclusion, the question of disqualification of a member of Parliament on the grounds of defection is decided by the Presiding Officer of the House. The Presiding Officer, either the Speaker or the Chairman, plays a crucial role in conducting an inquiry, making a decision, and ensuring the application of the Anti-Defection Law. The decision of the Presiding Officer can be subject to judicial review by the High Court and the Supreme Court.