SC : Disqualification power from Speakers

SC : Disqualification power from Speakers

Part of: GS Sci & Tech and GS-III – Technology

 In news:

• The Supreme Court asked Parliament to amend the Constitution to strip Legislative Assembly Speakers of their exclusive power to decide whether legislators should be disqualified or not under the anti-defection law.

SC Suggestions:

• Disqualification petitions under the Tenth Schedule should be adjudicated by a mechanism outside Parliament or the Legislative Assemblies. 
• The court suggested a permanent tribunal headed by a retired Supreme Court judge or a former High Court Chief Justice.

From Prelims Point of view:

Tenth Schedule: anti-defection law

• The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act. 
•  Lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature 
• The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final.
• The law applies to both Parliament and state assemblies.

Disqualification:

If a member of a house belonging to a political party:

• Voluntarily gives up the membership of his political party, or

• Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.

• If an independent candidate joins a political party after the election.
• If a nominated member joins a party six months after he becomes a member of the legislature.

Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court. However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.

Exceptions :

• Legislators may change their party without the risk of disqualification in certain circumstances. 
• The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger.
•  In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification.