Political parties are the basic unit of democratic accountability in a parliamentary system. Examine the constitutional mechanisms under the 10th Schedule that seek to uphold this

GS2 Indian Constitution
Political parties are the basic unit of democratic accountability in a parliamentary system. Examine the constitutional mechanisms under the 10th Schedule that seek to uphold this principle, and the challenges posed by the merger exception in practice.

Examine

  • 15 marks
  • 8 min
  • 250 words
  • Hard

The Hindu

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Introduction

In a parliamentary democracy, political parties play a central role in ensuring stability, collective responsibility, and democratic accountability. To curb political defections that undermine electoral mandates, the Constitution introduced the Tenth Schedule through the 52nd Constitutional Amendment Act, 1985, commonly known as the anti-defection law.

Constitutional Mechanisms under the Tenth Schedule

The Tenth Schedule seeks to preserve party discipline and democratic accountability through the following provisions:

  • A legislator can be disqualified if:

    • He voluntarily gives up membership of his political party.
    • He votes or abstains contrary to the party whip without prior permission.

  • Independent members lose membership if they join a political party after election.

  • Nominated members are disqualified if they join a party after six months.

The law aims to:

  • Prevent “Aaya Ram Gaya Ram” politics.
  • Ensure stability of elected governments.
  • Uphold the mandate given by voters to political parties rather than individuals.

In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the constitutional validity of the Tenth Schedule while allowing judicial review of the Speaker’s decisions.

Merger Exception and Its Rationale

  • Paragraph 4 of the Tenth Schedule provides that disqualification will not apply if:

    • At least two-thirds of members of a legislative party agree to merge with another party.

  • The provision was intended to allow genuine political realignments while preventing individual defections.

  • The 91st Constitutional Amendment Act, 2003 removed the earlier protection for “split” by one-third members, making the law stricter.

Challenges in Practice

  • The merger exception has often been misused to engineer mass defections and destabilize governments.
  • Legislators frequently resign and regroup to bypass disqualification provisions.
  • Delays by Speakers in deciding disqualification petitions weaken the effectiveness of the law.
  • The Speaker’s partisan role has raised concerns regarding neutrality.
  • Recent political crises in states such as Maharashtra and Karnataka revealed loopholes in the anti-defection framework.

The Dinesh Goswami Committee and various experts have recommended limiting the whip system to confidence motions and transferring adjudicatory powers to an independent tribunal.

Conclusion

Thus, the Tenth Schedule seeks to strengthen democratic accountability by protecting party-based parliamentary governance. However, misuse of the merger exception and procedural delays have diluted its effectiveness, necessitating reforms to balance political stability with democratic freedom and constitutional morality.