Karnataka survives using Tenth Schedule of the Anti Defection Law

Karnataka survives using Tenth Schedule of the Anti Defection Law

The ruling BJP in Karnataka has won the trust motion in the Karnataka Assembly with a voice vote. Speaker K.G.Bopaiah had earlier disqualified 11 BJP rebels and 5 independents surpporting BJP governement citting 10th schedule of the antidefection law.

JDS leader H D Revanna accused Speaker K G Bopaiah and Yeddyurappa of colluding and engaging in illegal acts to win the vote of confidence. Congress union ministry said it has taken a serious note of abuse of 10th schedule of the Anti Defection Law. Governor Bharadwaj also suggested the speaker not to disqualify the rebel MLAs.

In this context, it is instructive to see the text of the 10th schedule of the Anti Defection law.

Provision of Disqualification

a. If a member of a house belonging to a political party:
– Voluntarily gives up the membership of his political party, or
– Votes, or does not vote in the legislature, contrary to the directions of his political party.
However, if the member has taken prior permission, or is condoned by the party within 15
days from such voting or abstention, the member shall not be disqualified.
b. If an independent candidate joins a political party after the election.
c. If a nominated member joins a party six months after he becomes a member of the legislature.

Power to Disqualify

a. The Chairman or the Speaker of the House takes the decision to disqualify a member.
b. If a complaint is received with respect to the defection of the Chairman or Speaker, a member
of the House elected by that House shall take the decision.

Leave a Reply

Your email address will not be published. Required fields are marked *