Tenth Schedule · Articles 102(2) and 191(2)
Provisions as to Disqualification on Ground of Defection
Added by the 52nd Amendment, 1985 ("the Anti-Defection Law"). Provides the grounds on which an elected member of Parliament or a State Legislature may be disqualified for defection, and vests the power to decide such questions in the Chairman or Speaker of the House concerned.
Grounds of disqualification
- Voluntary giving up of membershipA member of a House belonging to any political party shall be disqualified if he has voluntarily given up his membership of such political party.
- Voting against party directionIf he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs, or by any person or authority authorised by it, without the prior permission of such political party and such voting or abstention has not been condoned by the political party within fifteen days.
- Independent membersAn independent member is disqualified if he joins any political party after his election.
- Nominated membersA nominated member is disqualified if he joins any political party after the expiry of six months from the date on which he takes his seat.
Exception — Merger
A member shall not be disqualified where his original political party merges with another political party and (a) not less than two-thirds of the members of the legislature party concerned have agreed to such merger, and either (b) he has become a member of such other political party or of a new political party formed by such merger, or (c) he has not accepted the merger and opted to function as a separate group.
Decision on questions as to disqualification
The question is decided by the Chairman (Council of States / Legislative Council) or the Speaker (House of the People / Legislative Assembly) of the House concerned, whose decision is subject to judicial review (Kihoto Hollohan v. Zachillhu, 1992).