The Supreme Court on Friday dismissed a plea against the anti-defection law (Tenth Schedule) of the Constitution.
The law brought in 1985 by the 52nd constitutional amendment deals with situations of defection in Parliament or state legislatures by members of a political party, independent members and nominated members, and lays the grounds for disqualification of the members.
Members of Parliament or Legislative Assembly are disqualified if they are found to have defected from their original party on whose ticket they were elected.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the bench could not re-look into the matter as the Tenth Schedule was upheld by a constitution bench in 1992.
To this, the petitioner’s advocate said, “I am challenging the insertion of the Tenth Schedule.”
“That was also challenged and upheld you see. How could they have dealt with an issue of defection without this?
“There is no bar on private citizens to change party but the constitutional amendment was to tackle the evil where members from the House of People do not resort to this. Dismissed,” said the CJI.
In the Kihoto Hollohan vs Zachillhu and others verdict, a five-judge constitutional bench on February 18, 1992 upheld the validity of the Tenth Schedule, saying the provisions were salutary and intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defection.
