T.N. MLAs’ disqualification

T.N. MLAs’ disqualification

Part of: GS Prelims –Polity and GS-II- Constitution

In news:

• The Supreme Court gave Tamil Nadu Speaker a week’s time to inform when he will take cognisance of the disqualification petitions filed under the Tenth Schedule (anti-defection law) for voting against the confidence motion moved by Chief Minister Edappadi Palaniswami in February 2017.

From Prelims  Point of view:

Tenth Schedule (anti-defection law)

• The law is necessary because when a voter decides to cast his/her vote for a candidate, he/she is considers not only the candidate but also the party that the candidate stands for and the manifesto the party presented. Hence, when the defection takes place, it’s the electorate that is let down, making a mockery of democracy.
• That is why in the year 1985, amendment to the constitution was effected and Xth schedule was introduced. 
• The amendment and the schedule are connected to Article 102 and Article 191 of the Constitution. Both the articles pertain to disqualification for membership.
• The purpose of this mini-legislation within the constitution is to create a deterrent for any kind of defections and it prescribes disqualification for doing so.