 statement of objects and reasonsthe tenth schedule to the constitution popularly known as anti-defection law was added to the constitution by the constitution (fifty-second amendment) act, 1985, the tenth schedule came into force with effect from ist march, 1985 2 certain deficiencies and ambiguities have been noticed in the implementation of the provisions of the tenth schedule there have been varied views by the presiding officers of legislatures on entertaining claims of splits in legislature parties, such as— (a) whether splits in the legislature party should be taken note of or whether split in a political party outside the legislature should be ascertained; (6) whether a split is a one time affair or a continuous process; and (c) amember of the house who is expelled from his political party for his activities outside the house continues to be a member of the house what will be the status of such member in the house? can he join another party or form a new party with some other members?  3 some decisions given by the presiding officers on the question of splits and mergers have become controversial and have brought the office of the presiding officers into an unnecessary controversy further, decisions given by the presiding officers have become jjusticiable thereby increasing the scope of conflict between the legislature and the judiciary, 4 cases pertaining to anti-defection law have to be decided in a judicial manner political parties as also individuals, directly or through their lawyers appear before the presiding officer to plead the dispute that comes before him the presiding officer may or may not be acquainted with procedures involved in sifting of facts, taking evidence of parties and coming to decisions in a strictly legal manner, 5 in the present bill, the following main changes have been suggested; (/ political party has been defined to include a "recognised political party" or "a registered political party" for which provisions already exist in the representation of the people act and the rules, made thereunder (ii) a member shall be liable to be disqualified if he resigns from the political party or is expelled therefrom or votes or abstains from voting contrary to the directions issued by his parent political party (ii) a nominated member of a house or, an elected member who has been elected otherwise than as a candidate set up by any political party, shall be liable to be disqualified if he joins any political party after the expiry of six months from the date on which he takes his seat in the house (7) paragraphs in the existing tenth schedule regarding splits and mergers are proposed to be omitted {») it is proposed that questions regarding disqualification of a member shall be decided by the president or the governor, as the case may be, after obtaining the opinion of the election commission, (vi) li is proposed that the president or the governor, as the case may be, shall in consultation with the speaker or the chairman of the house may make detailed tules under the tenth schedule for carrying out the purposes of the said schedule the bill seeks to achieve the above objectives new devi; kirit somaiya march 15, 2000annexure extract from the constitution of india    2k % 'ttenth schedule] [4rticles 102(2) and 191(2)}  provisions as to disqualification on ground of defection1 interpretation in this schedule, unless the context otherwise requires, - (a) "house" means either house of parliament or the legislative assembly or, as the case may be, either house of the legislature of a state; (4) "legislature party", in relation to a member of a house belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 3 or, as {c) "original political party", in relation to a member of a house, means the 2; and political party to which he belongs for the purposes of sub-paragraph ( 1) of paragraph (@) "paragraph" means a paragraph of this schedule, 2 disqualification on sround of defection (/) subject to the provisions of paragraphs 3, 4 and 5, a member of a house belonging to any political party shali be disqualified for being a member of the house— explanation—for the purposes of this sub-paragraph,— (a) an elected member of a house shall be deeimed to belong to the political party, if any, by which he was set up as a candidate for election as such member; (b) a nominated member of a house shali,— () where he is a member of any political party on the date of his nominations as such member, be deemed to beiong to such political party; (ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188 (2) an elected member of a house wio has been elected as such otherwise than asa didate set up by any political party shall be disqualified for being a'member of the ouse if he joins any political party after such election, (3) a nominated member of a house shall be disqualified for being a member of the ifhe joins any political party after the expiry of six months from the date on which cle 188takes his seat after complying with the requirements of article 99 or, as the case may be, 5 (4) notwithstanding anything contained in the foregoing provisions of this pa ommencement of the constitution (fifty-second amendm 4 person who, on the c 1985, is a member of a house (whether elected or nominated as such) shall,— (i) where he was a member of a (i) in any other case, be deerned to be an elected member of the house who ha been elected as such otherwise than as a candidate set foi the purposes of sub-paragraph (2) of this paragraph or, as the case may be, be deemed to be a nominated member of the house for the purposes of sub-paragraph (3) of: this paragraph 3 disqualification on ground of defection not to apply in case of split wh member of a house makes a claim that he and any other members of his legislature p (a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the ground— (4 that he has voluntarily party ; or (6) from the time of such split, such faction shall be deemed to be the politic; party to which he belongs for the purposes of sub-paragraph (2) of paragraph 2 and to be his original political party for the purposes of this paragraph 4 disqualification on ground of defection not t member of a house shall not be disqualified under sub his original political party merges with another politi any other members of his original political party— (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger: or (4) have not accepted the merg group, such merger, such other political party or new as the case may be, shall be deemed to be the political and from the time of political party or group, party to which he belon 2 and to be his original gs for the purposes of sub-paragraph (/) of para : political party for the purposes of this sub- (2) for the purposes of subpolitical party of a member of not less than two-(hird of the such merger 5 exemption notwiths tanding anything contained in this schedule, a person who of the speaker or the deputy speaker of the house of the people or the deputy chairman of the council of states or the chai chairman of the legislative council of a state or the speaker or the de; legislative assembly of a state, shall not be disqualified under this schedule,-—- (a) if he, by reason of his el lection to such office, voluntarily gives up the membership of the political party t '0 which he belonged immediately before such given up his membership of his original political '© apply in case of merger, ()a paragraph (1) of paragraph 2 whi ical party and he claims that he and er and adopted to function as a separate election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or (4) ifhe, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office, 6 decision on questions as to disqualification on ground of defection (/) if any question arises as to whether a member of a house has become subject to disqualification under this schedule, the question shall be referred for the decision of the chairman or, as the case may be, the speaker of such house and his decision shall be final: provided that where the question which has arisen is as to whether the chairman or the speaker of a house has become subject to such disqualification, the question shall be referred for the decision of such member of the house as the house may elect in this behalf and his decision shall be final, (2) all proceedings under sub-paragraph (7 ) of this paragraph in relation to any question as to disqualification of a member of a house under this schedule shall be deemed to be proceedings in parliament within the meaning of article 122 or, as the case may be, proceedings in the legislature of a state within the meaning of article 212 7 bar of jurisdiction of courts notwithstanding anything in this constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualitication of a member of a house under this schedule, 8 rules (/) subject to the provisions of sub-paragraph (2) of this paragraph, the chairman or the speaker of a house may make rules for giving effect to the provisions of this schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for— (a) the maintenance of tegisters or other records as to the political parties, if any, to which different members of the house belong; (6) the report which the leader of a legislature party in relation to a member of a house shall furnish with regard to any condonation of the nature referred to in clause (c) the reports which a political party shall furnish with regard to admission to such political party of any members of the house and the officer of the house to whom such reports shall be furnished; and (d) the procedure for deciding any question referred to in sub-paragraph (7 ) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question (2) the rules made by the chairman or the speaker of a house under sub-paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the house for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the house and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect (3) the chairman or the speaker of a house may, without prejudice to the provisions of article 105 or, as the case may be, article 194, and to any other power which he may have under this constitution direct that any wilful contravention by any person of the rules made