PRELIMS REVISION QUIZ (DAY-17)

TENTH SCHEDULE OF THE CONSTITUTION – PROVISIONS UNDER ANTI-DEFECTION LAW

It includes the following provisions with regard to the disqualification of MPs and MLAs on the grounds of defection :

Grounds for disqualification

➤ If an elected member wins the election as a candidate of one political party and then joins another party.

➤ If he/she votes or abstains from voting in the House, contrary to any directions issued by his/her political party.

➤ If any member who is independently elected joins any party.

➤ If any nominated member joins any political party after the end of 6 months.

Exceptions under the Anti-Defection Law

When two-thirds of the legislators of a political party decide to merge into another party, neither the members who decide to join nor the ones who stay with the original party will face disqualification.

Any person elected as chairman or speaker can resign from his party, and rejoin the party if he demits that post.

Earlier, the law allowed parties to be split, but at present, this has been outlawed.

Deciding Authority

Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.

ARTICLE 131 – ORIGINAL JURISDICTION OF SUPREME COURT

Dispute under Article 131 between :

➤ Govt of India and any State
➤ Govt of India and one or more States
➤ Govt of India and any State/States on one side and any other State/States on other side
➤ Two or more States

Subject matter of Dispute

For a dispute to qualify as a dispute under Article 131, it has to necessarily be between states and the Centre, and must involve a question of law or fact on which the existence of a legal right of the state or the Centre depends.

Exceptions

➤ Pre-Constitution Treaties, Agreements
➤ Inter-State Water disputes

LOCAL SELF-GOVERNMENT

Local self-government can be best explained as an exercise in democratic decentralisation.

Local self-government has the two core guiding principles – decentralization and grassroots empowerment.

It functions under the provisions added by the 73rd and 74th Constitutional Amendment Acts.

Local self-government bodies are political entities.

These bodies are elected directly or indirectly by people and which are managed by their representatives.

There can be no direct democracy as in direct democracy all decisions are made directly by the people.

POWERS OF GOVERNOR GENERAL UNDER GOI ACT, 1935

Under GoI Act, 1935 the Governor General was vested with the final political authority in the country + given widest discretionary powers and special responsibilities.

These functions and powers were :

He was in charge of the Reserve Departments of Defence, Foreign Affairs, Ecclesiastical Affairs and Tribal Areas and he appoint three councillors to assist him in his work.

He could appoint and dismiss the Council of Ministers and also could preside over their meetings. They would hold office during his pleasure. Their consultation and advice was not binding upon him.

He could issue two kinds of ordinances – (1) At any time and it lasted for 6 months. (2) when the legislature was not in session.

His permission was required for the introduction of certain bills in the Federal Legislature and the Provincial Legislatures. He could withhold his assent to a bill passed by the Legislature or send it back for the consideration of the British Sovereign (the King).

He was given control over 80% of the Federal budget; the non-votable items of the budget formed a major part of the budget.

The Governor General could in his discretion send any instructions to the Governors and it was the special responsibility of the latter to carry them out.

Governor General could suspend the Constitution.

He had the authority to summon, prorogue and dissolve the Federal Assembly + summon both the houses for joint sitting.

GoI Act, 1935 provided for division of powers into three lists- Federal, Provincial and Concurrent.

Residuary powers were to be vested with the Governor General.

Parliament has exclusive power to make law with respect to any of the matters enumerated with the Union List.

According to entry no. 14 in the Union List it reads- ‘entering into treaties and agreements with foreign contries and implementing of treaties, agreement and convention with foreign countries’.