CONCEPT – TENTH SCHEDULE AND ANTI-DEFECTION

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CONCEPT – TENTH SCHEDULE AND ANTI-DEFECTION

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[Articles 102(2) and 191(2)]
Provisions as to disqualification on ground of defection

• The Constitution (Fifty-second Amendment) Act, 1985 added the Tenth Schedule to the Indian Constitution to curb the growing tendency of political defections by parliamentarians and legislators from one party to another after elections. The opening lines say: “The evil of political defections has been a matter of political concern. If it is not combated it is likely to undermine the very foundations of our democracy and the principles that sustain it.” Members of Parliament and State legislatures are liable for disqualification if they leave the political party on whose symbol they got elected and join another, or violate the party whip to vote a certain way in the House. While penalising individual acts of defection, it recognised the principle of splits whereby if one-third of the members of a legislative party broke away and formed a separate group or joined another political party, they could continue as members of the legislature. The one-third bar was explained in Para 3 of the Tenth Schedule in terms of “honest dissent” (a critical mass of numbers would be swayed not by monetary considerations or perks of office but by deep ideological differences!). The NDA govt. in 2003 brought the Constitution (Ninety-first Amendment) Act, 2003 and omitted Para 3 from the Tenth Schedule, but Para 4 was untouched, which allows two-thirds of the members of a parliamentary/legislative party to merge with an existing political party or form a new political party.
• Criticism of the Tenth Schedule: Is it not in violation of the fundamental tenets of the Constitution or the basic structure doctrine, as Party whip will bind individual legislators? This enforced adherence to the party line means that a member invariably ends up voting for a bill if he/she is on the Treasury benches and against a bill if he/she is in the Opposition. This has the effect of disincentivising lawmakers from seriously thinking. A way out may be that whips be issued only for those legislative items that threaten the stability of government.
• Which would those be? Motion expressing confidence or want of confidence in the Council of Ministers, Motion for an adjournment of the business of the House, Motion in respect of financial matters as enumerated in Articles 113 to 116 (both inclusive) and Articles 203 to 206 (both inclusive), and a Money Bill.
• Summary - A 'Bad Bank' may be finally created to tackle the NPA mess of Indian PSB sector & resolve the twin balance sheet problem, though it has attendant risks, and there's no guarantee of success.

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