In news : A independent MLA from Gujarat Joins mainstream political party

Tenth schedule : The Tenth Schedule of the Constitution, popularly known as the anti-defection law, specifies the circumstances under which changing of political parties by legislators invites action under the law. It includes situations in which an independent MLA, too, joins a party after the election.

Scenarios under Schedule 10

• The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party. The second is when a legislator who has won his or her seat as an independent candidate joins a political party after the election.
• In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.
• The third scenario relates to nominated MPs. In their case, the law gives them six months to join a political party, after being nominated. If they join a party after such time, they stand to lose their seat in the House

Disqualification

• Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature. The law does not specify a time frame in which such a decision has to be made.
• As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations. Last year, the Supreme Court observed that anti-defection cases should be decided by Speakers in three months’ time.