Aam Aadmi Party petitions Rajya Sabha Chairman for termination of seven MPs under anti-defection law
Why it matters
The Tenth Schedule of the Indian Constitution, popularly known as the Anti-Defection Law, was inserted by the 52nd Amendment Act in 1985 to prevent political defections. The current petition by the Aam Aadmi Party specifically targets seven members who have reportedly shifted their allegiance to the Bharatiya Janata Party. Under Article 102(2) and 191(2), an MP or MLA can be disqualified if they voluntarily give up membership of their original political party or vote contrary to party directions without prior permission.
The procedural significance of this event lies in the quasi-judicial power vested in the Chairman of the Rajya Sabha. While the Chairman acts as the deciding authority, the Supreme Court in the Kihoto Hollohan case (1992) clarified that the Chairman’s decision is subject to judicial review. The petition forces a formal review of the conduct of the seven MPs, highlighting the ongoing challenges to political stability and the role of presiding officers in maintaining the integrity of the legislature.
| Legal Clause | Provision |
|---|---|
| 10th Schedule, Para 2(1)(a) | Disqualification for voluntarily giving up party membership |
| 10th Schedule, Para 6 | The Chairman or Speaker is the final deciding authority |
| Article 102(2) | Constitutional basis for disqualification from Parliament |
Glossary
Anti-Defection Law: Legislation designed to prevent elected representatives from switching political parties during their term.
Tenth Schedule: A specific section of the Indian Constitution containing provisions for the disqualification of legislators on grounds of defection.