Indian Polity • Parliament & ExecutiveMedium
How does the anti-defection law under the Tenth Schedule apply to members of the Himachal Pradesh Legislative Assembly who defect or defy party whips during crucial floor tests?
A. The final decision on disqualification rests with the Governor of Himachal Pradesh.
B. The question of disqualification is decided by the Speaker of the Legislative Assembly, and their decision is subject to judicial review.✓ Correct Answer
C. Defecting members are automatically disqualified by the Election Commission without legislative intervention.
D. The High Court of Himachal Pradesh initiates suo motu disqualification proceedings against floor crossers.
💡 Solution & Explanation
Under the Tenth Schedule, the presiding officer of the house, namely the Speaker of the Himachal Pradesh Legislative Assembly, decides questions of disqualification on the ground of defection. The Supreme Court in the Kihoto Hollohan case ruled that the Speaker's decision is subject to judicial review. The Governor does not adjudicate defection disputes. Political stability in hill state legislatures often hinges on the strict enforcement of these anti-defection provisions.
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