Anti-Defection Law Telangana: Is the Speaker above the Court?

Paper: GS – II, Subject: Polity, Topic: Legal Issues, Issue: Anti-Defection Law.

Context:

The Supreme Court gave the Telangana Assembly Speaker three weeks to decide on disqualification petitions against two remaining BRS MLAs who defected to the Congress. The Court called this the final opportunity and warned that further delay would amount to contempt of court.

Key Takeaways:

Anti-Defection Law:
* The Tenth Schedule of the Indian Constitution was added by the 52nd Amendment Act of 1985.
* It contains provisions related to the disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on the grounds of defection.
1. voluntarily give up membership of their original political party,
2. vote against party directives in the legislature,
3. join any political party after the expiry of six months from first sitting, in case of a nominated member,
4. Join any party after election, in case of independent members.
* Deciding Authority: Any question regarding disqualification arising out of defection is to be decided by the Presiding Officer of the House.
In the Kihoto Hollohan vs. Zachillhu Case (1992), the Supreme Court rejected the contention that the vesting of adjudicatory powers in the Presiding Officer is by itself invalid on the grounds of political bias.
* In other words, the courts have not found the Presiding Officer’s role in deciding defection cases to be unconstitutional or invalid, despite the potential for political bias.
* Exception: Allows a party to merge into another party provided that at least two-thirds of its legislators are in favour of the merger.
Significance:
* Curbs political defections under the influence of money and intimidation.
* Promotes stability in governments by discouraging “floor-crossing” (‘Aaya Ram Gaya Ram’ trend) that erodes voter mandates and weakens democracy.

The Supreme Court’s deadline underscores the importance of swift action in defection cases, aiming to preserve legislative integrity, prevent misuse of political defections, and ensure that constitutional mechanisms under the Tenth Schedule function effectively.

Source: (The Hindu)

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Anti-Defection Law Telangana: Is the Speaker above the Court?