Dinesh Goswami Committee

The Dinesh Goswami Committee, officially known as the "Committee on Electoral Reforms", was responsible for recommending changes to the anti-defection provisions in the Tenth Schedule of the Constitution of India. The Tenth Schedule, also known as the Anti-Defection Law, was introduced in 1985 to prevent political defections by elected representatives.

Background

Prior to the enactment of the Tenth Schedule, political defections were a common occurrence in Indian politics. Elected representatives would often switch parties for personal gains or due to changing political dynamics, leading to instability and a lack of accountability. To address this issue, the Tenth Schedule was introduced to enforce discipline within political parties and discourage defections.

Exemption from Disqualification

The Tenth Schedule lays down the circumstances under which a Member of Parliament (MP) or Member of Legislative Assembly (MLA) can be disqualified for defection. However, the Dinesh Goswami Committee recognized that there may be situations where a split within a political party is genuine and not motivated by personal gains or political opportunism. In such cases, it recommended that the disqualification provisions should not apply.

Recommendations

The Dinesh Goswami Committee recommended that an exemption from disqualification should be provided in case of a split in a political party, subject to certain conditions. The key recommendations of the committee were as follows:

1. A political party should be split into two separate groups, each constituting at least one-third of the total strength of the party in the legislature.

2. The split should be recognized by the Speaker or Chairman of the House.

3. The members who choose to align with the new group should not be disqualified on the grounds of defection.

Implementation

Based on the recommendations of the Dinesh Goswami Committee, the Tenth Schedule was amended in 2003 to include the exemption from disqualification in case of a split. The amendment clarified the conditions under which a split would be considered genuine and provided safeguards to prevent misuse of this provision.

In conclusion, the Dinesh Goswami Committee was responsible for recommending the exemption from disqualification in case of a split from the Tenth Schedule (anti-defection). The committee recognized the need for flexibility in situations where a split is genuine and not motivated by personal gains, and provided guidelines for such splits to be recognized and exempted from disqualification.