Indian Polity • Parliament & ExecutiveHard
Examine the legal parameters governing the disqualification of members of the Chhattisgarh Legislative Assembly under the Tenth Schedule of the Constitution:
A. A member incurs disqualification if they voluntarily give up membership of their political party or vote contrary to party whips without prior permission, with the final decision resting with the Speaker whose ruling is subject to judicial review.✓ Correct Answer
B. Disqualification petitions are adjudicated exclusively by the Election Commission of India without involvement from the Speaker.
C. A member can defect without facing disqualification if one-third of the legislative party merges with another political group.
D. The Governor exercises final adjudicatory powers in all anti-defection disputes arising within the state assembly.
💡 Solution & Explanation
The Tenth Schedule vests the power to decide anti-defection disqualification cases in the Speaker or Chairman of the house, and the Supreme Court ruled in the Kihoto Hollohan case that such decisions are subject to judicial review. The original exception permitting splits by one-third of members was deleted by the 91st Constitutional Amendment Act, 2003, which now requires a merger of two-thirds of party members. Anti-defection laws maintain stability in legislative bodies across Indian states.
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