TENTH SCHEDULE

NEWS: AAP submits disqualification plea to Rajya Sabha chair against MPs who joined BJP

ABOUT

• Two-thirds of the Rajya Sabha MPs of AAPà Quit the party and joined the BJ= submission of a disqualification plea.
• Tenth Scheduleà Disqualification on the grounds of defection not to apply in case of merger.
• Member of a House shall not be disqualified where his original political party merges with another political party with at least 2/3 members.
• Disqualification plea arguesà that Tenth Schedule requires a genuine merger of the original political party, not just legislators switching sides.

Tenth Schedule and Disqualification of Legislators

• Popularly referred Anti-Defection Law
• Added in the Constitution through the Fifty-Second Amendment Act, 1985.
• The 91st Constitutional Amendment Actà Strengthened the anti-defection law by removing the 1/3rd split provision, making it at least 2/3rd.
• Aimed to combat political defections and safeguard democracy.

Grounds for Disqualification

• Voluntarily giving up party membership
• Defying party whip during voting
• If an independently elected legislator joins a political party;
• If a nominated member joins any political party, after six months from the day he becomes a legislator.
• Entrusted the Speaker/Chairman with adjudication for fearless and expeditious decisions, explicitly to avoid lengthy court delays.