Syllabus: GS-II, Subject: Polity, Topic: Legislature, Issue: 10th Schedule
Tenth Schedule (Anti-defection law) key issues:
- The implementation of 10th Schedule highlights the gap between principles and practice in Indian politics.
- The Supreme Court has provided clear guidelines on disqualifications under the anti-defection law.
- However, many potential defectors exploit loopholes and use delay tactics such as:
- Pre-defection applications to the Election Commission claiming to be the real party.
- Expressing no confidence in the Speaker before defecting.
- Speaker’s party affiliation often influences their decisions on disqualification petitions, leading to delays and biased outcomes.
    The way ahead
- The public is disillusioned with such political maneuvering, leading to calls for abolishing the 10th
- Suggestions include mandating resignation for party switchers, barring them from ministerial positions without re-election, and reforming the Speaker’s role.
- Establishing a non-partisan convention for Speaker selection.
| One mark extra for mains ( SC clarification on Tenth Schedule in various cases) | |
| Case | Judgment |
| Manipur Judgment | Three months is the ideal time limit for Speakers to decide disqualification petitions. |
| Kihoto Hollohon Case | Speaker’s order subject to judicial review; 10th Schedule not an unreasonable restriction on free speech. |
| Ravi Naik Case | Voluntary giving up of membership inferred from various forms of conduct, not limited to resignation. |
| Vishwanathan Case | Expelled member continues as unattached member unless joining a new party doesn’t attract anti-defection law. |
| Naik and Patil Case | Speaker can shorten notice period for disqualification, even down to two or three days. |
