Unprincipled political defections ("horse-trading") threatened the stability of cabinet governments in the 1960s and 70s, prompting a strict constitutional remedy.
1. The Tenth Schedule (52nd Amendment Act, 1985)
The 52nd Amendment inserted the Tenth Schedule into the Constitution to disqualify MPs and MLAs who defect from their political parties.
2. Grounds for Disqualification
- Voluntary Giving Up: If an elected member voluntarily gives up the membership of their political party (this includes actions indicating disloyalty, not just formal resignation).
- Violation of Party Whip: If a member votes or abstains from voting in the house contrary to any direction (whip) issued by their political party without obtaining prior permission, and such act is not condoned by the party within 15 days.
- Independent Members: If an independent member joins any political party after their election.
- Nominated Members: If a nominated member joins any political party after the expiry of six months from taking their seat.
The Merger Exception: A member is not disqualified if their original party merges with another, and not less than 2/3rds of the members of the legislature party agree to the merger.
The Tenth Schedule originally declared that the Speaker's decision on disqualification is final and cannot be challenged in court. The Supreme Court struck down this absolute exclusion, holding that the Speaker acts as a tribunal when deciding disqualification cases. Therefore, the Speaker's decisions are strictly subject to Judicial Review under Article 226 and Article 32 on grounds of mala fides or violation of natural justice.