🏛️ Polity
Supreme Court dismisses plea against six AIADMK MLAs who resigned and joined TVK
In 60 seconds: The Supreme Court on Monday dismissed a plea challenging the resignations of six former AIADMK MLAs who defied the party whip, quit the Tamil Nadu assembly and joined Chief Minister C Joseph Vijay's TVK. 'Somebody resigns and becomes minister, it's part of the political process,' the bench said. The plea wanted steps to stop legislators dodging the anti-defection law by resigning.
Why it matters
The case shows a gap in the anti-defection law: it punishes legislators who switch sides while in office, but not those who resign first.
Explain it simply
A worker who quits a chai stall before joining a rival can't be fined for switching. The anti-defection law works the same way for MLAs who resign first.
The 3-minute read
What happened
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana refused to interfere with a Madras High Court order that had dismissed the plea by advocate K Suthan. Justice Bagchi said the FIR on the crossover allegations should be investigated.
Background
The Tenth Schedule disqualifies legislators who defy the whip or give up party membership while in office. A legislator who resigns the seat instead faces no disqualification and can contest a by-election.
How it works
The petition also sought a rule that legislators who resign and then contest by-elections must deposit an amount equal to the public cost of holding those polls.
What's next
The police investigation into the FIR will continue. Any change to the law itself would need Parliament to amend the Tenth Schedule.
What it means for you
By-elections caused by resignations cost public money and time. Knowing how the anti-defection law works helps you judge your representatives.
Key numbers
- 6: Former AIADMK MLAs who resigned
- 3: Judges on the bench
- 1985: Year the anti-defection law was added
Both sides
- Supreme Court bench: Resigning and later becoming a minister is part of the political process.
- Petitioner: Resigning to switch parties is a way around the anti-defection law and should be checked.
Key terms explained
- Party whip
- An official order from a party telling its legislators how to vote.
- Anti-defection law
- The Tenth Schedule, which can disqualify legislators who switch parties.
The story so far
- 1985: 52nd Amendment adds the Tenth Schedule (anti-defection law). The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule, under which a legislator who defies the party whip or voluntarily gives up party membership can be disqualified.
- 1992: Supreme Court upholds the law in Kihoto Hollohan. In Kihoto Hollohan vs Zachillhu (1992), the Supreme Court upheld the Tenth Schedule and said the Speaker's decisions on disqualification are open to judicial review.
- Today: SC dismisses plea against six ex-AIADMK MLAs
Exam notes (UPSC, SSC, Banking, PSC)
- The Tenth Schedule (anti-defection law) was added by the 52nd Amendment Act, 1985.
- The 91st Amendment Act, 2003 removed the 'split' exception; a merger needs two-thirds of the legislature party.
- The Speaker or Chairman decides disqualification under the Tenth Schedule, subject to judicial review.
- A party whip is a direction to members on how to vote in the House.
Likely exam question: Explain the Tenth Schedule of the Constitution. Does it apply to a legislator who resigns before joining another party?