|
The Tenth Schedule to the Constitution of India, commonly known as the Anti-Defection Law, contains provisions as to disqualification of a member of Parliament or a State Legislature on the ground of defection. It was added to the Constitution by the 52nd Amendment which came into force on 1 March 1985. The 52nd Amendment also made an amendment in article 191 to provide that a person shall be disqualified for being a member of the Legislative Assembly or the Legislative Council of a State if he is so disqualified under the new Tenth Schedule. A consequential amendment was made in article 190.〔 〕 It provides inter alia that a member of Parliament or a State Legislature belonging to any political party would be disqualified on the ground of defection subject to the conditions as provided for therein, if he voluntarily relinquishes his membership of such political party, or votes or abstains from voting in the House contrary to any direction of such political party. The Act has also defined as to when an elected member or a nominated member shall be deemed to belong to a political party. It also states when an independent member or a nominated member (not a member of any political party at the time of nomination and who has not become a member of any political party before the expiry of six months from the date on which he takes his seat), would become subject to disqualification on the ground of defection. If further provides that the ground of defection shall not apply in case of a split in original party by not less than one-third of the members of such party, and also in the case of merger of a political party with another. Special provision has been made to exempt a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or of the Legislative Assembly of a State or to the office of Deputy Chairman of the Council of States or the Chairman/Deputy Chairman of the Legislative Council of a State from being disqualified under the Tenth Schedule if he voluntarily severs his membership of the party to which he belongs, by the reason of his election to such office or if he rejoins such party after he ceases to hold such office.〔 The question as to whether a member of a House of Parliament or State Legislature has become subject to the disqualification, shall be determined by the Chairman or the Speaker of the respective House and his decision shall be final. Where the question is with reference to the Chairman or the Speaker of a House, the question shall be referred for the decision of such member of the House as the House may elect in that behalf and his decision shall be final. Provisions have been made barring the jurisdiction of the Courts in respect of any matter connected with the disqualification of a member of the House under the Schedule. The Chairman or the Speaker of a House have been empowered to make rules for giving effect to the provisions of the Schedule. The rules shall be laid before the House and shall be subject to the approval of the House.〔 On 16 March 2011, the Meghalaya Legislative Assembly passed a resolution to bring the district councils under the purview of the Tenth Schedule.〔http://www.theshillongtimes.com/2014/01/10/state-govt-awaits-parliament-action-on-amendment-to-tenth-schedule/〕 ==Paragraphs== The Tenth Schedule has 6 paragraphs in effect. Paragraph 7 was declared invalid for want of ratification in accordance with the proviso to clause (2) of article 368 by the Supreme Court in ''Kihoto Hollohon v. Zachilhu and others'' (1992) 1 SCC 309. Paragraph 3 was repealed by the 91st Amendment in 2004. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Tenth Schedule to the Constitution of India」の詳細全文を読む スポンサード リンク
|