The Tenth Schedule was introduced in the Indian Constitution via the 85th Constitutional Amendment in 1986. It contains the provisions of the anti-defection which places restrictions on elected legislators from switching parties during the term of the legislature. It prescribes disqualification as the punishment for erring legislators.
One of the key exemptions from disqualifications relates to merger of a political party, if not less than two-thirds of the legislators consent. However, a weak interpretation of this provision has enabled wholesale defections by legislators in recent decades.
In this episode, Shrikrishna Upadhyaya hosts Ritwika Sharma, Senior Resident Fellow & Lead, Charka - Centre for Constitutional Law at Vidhi Centre for Legal Policy, on the reasons behind the failure of anti-defection law, the problems created by the merger exemption and possible changes to the law.
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You can follow Ritwika Sharma on twitter: https://twitter.com/ritwika1991
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