vii. Defection Disqualification in the Indian Parliament
- The Constitution lays down following grounds of defection under the provisions of the Tenth Schedule.
- If he voluntarily gives up the membership of the political party on whose ticket he is elected to the House.
- If he votes or abstains from voting in the House contrary to any direction given by his political party.
- If any independently elected member joins any political party.
- If any nominated member joins any political party after the six months.
The question of disqualification under the Tenth Schedule is decided by the Presiding officer of the house (Chairman in Rajya Sabha and Speaker in Lok Sabha) (not by the president of India). However, adjudication by presiding officer in this regard is subject to judicial review – Supreme Court ruled in Kihoto Hollohan case 1992. |