SC gives Narwekar last chance to set timeline for anti-defection proceedings

• Recently, Maharashtra Assembly Speaker was given a final opportunity by the Supreme Court to frame a realistic time schedule to hear and decide the anti-defection proceedings against Chief Minister Eknath Shinde and other MLAs.

The Anti-Defection Law

• The Anti-Defection Law passed in 1985 through the 52nd amendment to the Constitution added the Tenth Schedule to the Indian Constitution.
• It aimed to combat “the evil of political defections”.
• According to it, a member of a House belonging to any political party becomes disqualified, if
  • he voluntarily gives up his membership of such political party
  • he votes or abstains from voting in such House contrary to directions issued by his political party and such act has not been condoned by the party
  • If any independently elected member joins any political party.
  • If any nominated member joins any political party after the expiry of six months.

Exceptions

• If a member goes out of his party as a result of a merger of the party with another party.
  • A merger takes place when two-thirds of the members of the party have agreed to such merger.
• If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office.

Powers of Speaker with regard to Anti-Defection Law

• Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.
• After the Kihoto Hollohan case, the Supreme Court declared that the decision of the presiding officer is not final
• It is subject to judicial review on the grounds of malafide, perversity, etc.

Prelims Takeaway

• The Anti-Defection Law
• Supreme Court of India
• The Speaker