Speaker cannot be indecisive on pleas over defection : SC

Context

• Hearing petitions filed by Bharat Rashtra Samithi (BRS) leaders seeking timely action by the Telangana Speaker on disqualification proceedings pending against 10 MLAs who shifted allegiance to the ruling Congress party in the State, the Bench headed by Justice B.R. Gavai said a Speaker could not use his indecision to defeat the worthy objective of the Tenth Schedule (anti-defection law) of the Constitution.

• The courts cannot certainly tell a Speaker to decide in a particular manner, but can it not tell a Speaker to decide within a specified and reasonable period, Justice Gavai asked. Fact

• The main question in the case is whether constitutional courts cannot direct Speakers, who act as quasi-judicial tribunals under the anti-defection law, to decide petitions filed with them under the Tenth Schedule within a specified period.

What is an Anti-Defection Law?

About:

The anti-defection law punishesindividual Members ofParliament(MPs)/Members of the Legislative Assembly (MLAs)for leaving one party for another.

Parliament added it to the Constitution as theTenth Schedulein 1985 in order to bringstability to governments by discouraging legislatorsfrom changing parties.

The Tenth Schedule - popularly known as theAnti-Defection Act -was included in the Constitution via the 52ndAmendment Act, 1985.

It sets the provisions for thedisqualification of elected memberson the grounds of defection to another political party.

It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.

Does not Penalise Group MP/MLAs:

However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalise political parties for encouraging or accepting defecting legislators.

As per the1985 Act, a 'defection' by one-third of the elected membersof a political party was considered a 'merger'.

But the91stConstitutional Amendment Act, 2003, changed this andnow at least two-thirds of the members of a party must be in favour of a "merger"for it to have validity in the eyes of the law.

The members disqualified under the law canstand for elections from any political party for a seat in the same House but cannot become a minister

The decisions on questions as to disqualification on ground of defection are referred to theChairmanor theSpeakerof such House, which is subject to ‘Judicial review’.

However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.

Grounds for Defection:

Voluntary Give Up:If an elected member voluntarily gives up his membership of a political party.

Violation of Instructions:If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.

Independent Elected Member:If any independently elected member joins any political party.

Nominated Member: If any nominated member joins any political party after the expiry of six months.