Speaker is deciding authority to rule under anti-defection law

The Supreme Court mentioning in a case viewing the power of the Speaker under the Tenth Schedule of the Constitution held that the presiding officer is the authority to decide on defecting cases.

About the case:

• According to the 1992 ruling of the SC Constitution bench in KihotoHollohanvsZachillhu, wherein a Constitution Bench upheld the validity of the 10th schedule is not reversed and the Speaker would continue to be the deciding authority.
• The Court mentioned that Speaker is the authority to decide on cases related to Anti-defection Law and his decision is final.

What is an ‘Anti-Defection Law’?

• The 'anti-defection law' was passed through an Act of Parliament in 1985.
• Passed as the 52nd Amendment Act, it added the law as the 10th Schedule of the Constitution of India. Articles 102 (2) and 191 (2) deal with anti-defection.
• The anti-defection law sought to prevent such political defections which may be due to the reward of office or other similar considerations.
• It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
• A legislator is deemed to have defected if:
  • He either voluntarily gives up the membership of his party
  • He disobeys the directives of the party leadership on a vote
• This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership in the House.  
• The law applies to both Parliament and state assemblies.

Exception: 

• There are a few exceptions in the law. However, this exception is applicable only if not less than two-thirds of the members of the party in the House have emerged to the merger.
• A person shall not be disqualified if his original political party merges with another, and:
  • He and other members of the old political party become members of the new political party, or
  • He and the other members do not accept the merger and opt to function as a separate group.

Power of Speaker under 10^th schedule:

• The Speaker is the head of the Lok Sabha Secretariat which functions under her ultimate control and direction.
• Under the provisions of the Tenth Schedule to the Constitution of India, (para-6) the Presiding Officer of the concerned House is the sole and final authority to determine the alleged question of disqualification on the ground of defection.
• On the other hand, to determine the question as to whether the Speaker/Chairman of a House has indeed defected, the Tenth Schedule provides for a procedure according to which a member of the concerned House is elected on an ad-hoc basis to determine the alleged question of disqualification on the ground of defection.

Important Judgements: