Anti-Defection Law — Tenth Schedule & Issues

Knowledge Themes

Structural Subtopics

• Constitutional basis of the Tenth Schedule and the 52nd Amendment Act 1985
• Grounds for disqualification for members of political parties
• Rules for independent and nominated members under the Tenth Schedule
• Exceptions to disqualification including the two-thirds merger rule
• Role and powers of the Presiding Officer as a quasi-judicial authority
• Judicial review of the Speaker's decision and the Kihoto Hollohan case
• Impact of the 91st Constitutional Amendment Act 2003 on splits and cabinet size
• Issue of time-bound decisions and the Keisham Meghachandra Singh case
• Role of the whip and intra-party democracy vs. freedom of speech
• Recommendations of the Dinesh Goswami Committee and Law Commission’s 170th Report
• Analysis of "voluntarily giving up membership" through Ravi S. Naik and Rajendra Singh Rana cases
• Comparison of anti-defection provisions in other parliamentary democracies
• Impact of defection on political stability and the mandate of the electorate
• Proposed reforms to shift adjudicatory power to the President or Governor on Election Commission advice