Source: The Hindu

Introduction

The Speaker of the Maharashtra Assembly had the task of determining whether the faction led by Maharasthra Chief Minister within the Shiv Sena, comprising Members of the Legislative Assembly (MLA), had willingly relinquished their party membership. The Speaker's decision hinged on whether the breakaway group, by voting against the Shiv Sena's whip, had incurred disqualification under the Tenth Schedule of the Constitution. The key factors included the subsequent elevation of Eknath Shinde to Chief Minister, the majority of Shiv Sena legislators aligning with the Shinde group, and the original Shiv Sena becoming a minority in the Assembly all deemed irrelevant to the disqualification question under the Tenth Schedule.

What are the Articles Related to Speaker in the Constitution of India?

• Article 178: The Speaker and Deputy Speaker of the Legislative Assembly—
  • Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
• Article 179: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker—
  • A member holding office as Speaker or Deputy Speaker of an Assembly—
    • shall vacate his office if he ceases to be a member of the Assembly;
    • may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
    • may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
• Article 180: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.—
  • While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.
  • During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.
• Article 181: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration —
  • At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.
• Speaker of the House of People:
  • Articles 93 to 97 cover provisions related to the Speaker of the House of People.

What is the Tenth Schedule in the Constitution?

The Tenth Schedule of the Constitution of India is commonly known as the "Anti-Defection Law." It was added to the Constitution in 1985 through the 52^nd Amendment Act, also known as the Anti-Defection Law Act. The main objective of the Tenth Schedule is to prevent elected representatives from changing their party allegiance after being elected to a legislative body.

Key provisions of the Tenth Schedule include:

• Definition of Defection:
  • The Tenth Schedule defines defection as voluntarily giving up the membership of a political party or voting against the party's official whip in the legislature.
• Disqualification:
  • Members of Parliament (MPs) or Members of Legislative Assemblies (MLAs) can be disqualified if they violate the anti-defection provisions.
• Decision by the Presiding Officer:
  • The decision on disqualification is taken by the Presiding Officer of the concerned legislative body (Speaker in the case of Lok Sabha or State Legislative Assemblies, and Chairman in the case of Rajya Sabha or State Legislative Councils).
• Exemption for Split:
  • The law allows for a split in a political party under certain conditions, and in such cases, the group that does not defect will not face disqualification.
• Exceptions:
  • The Tenth Schedule also provides certain exceptions, such as when a member votes or abstains from voting according to the direction issued by the party in a matter where the party has not issued a whip.

Conclusion

The disqualification of members by the Speaker led to debates regarding the Tenth Schedule and power of the speaker under the Constitution.