Key Takeaways
- The Tenth Schedule of the Constitution deals with disqualification of members on grounds of defection
- Two independent MLCs from Bihar joined the BJP, sparking a row over the Tenth Schedule
- The opposition has termed the move a violation of the Tenth Schedule and Article 191(2) of the Constitution
What is the Tenth Schedule of the Constitution?
The Tenth Schedule of the Constitution of India deals with provisions related to disqualification of members of Parliament and state legislatures on grounds of defection.
According to the Tenth Schedule, an independent member of a legislature cannot join any political party after being elected.
Who are the two independent MLCs involved?
Bansidhar Brijwasi and Rahul Raj, two independent MLCs from Bihar, joined the BJP in the presence of senior party leaders.
However, realizing the faux pas, Brijwasi later clarified that he had not taken BJP membership, but had only extended support to the party.
What is the opposition's stance on the issue?
The opposition in Bihar, led by the RJD, has termed the move a violation of the Tenth Schedule and Article 191(2) of the Constitution.
RJD leader Manoj Jha stated that the party would approach the Chairman of the Bihar Legislative Council, seeking the disqualification of the two independent MLCs.
What are the possible consequences for the two MLCs?
If the Chairman of the Bihar Legislative Council accepts the opposition's plea, the two independent MLCs could face disqualification from the legislature.
By the numbers
- 2: The number of independent MLCs who joined the BJP.
- 17: The total number of MLCs won by the RJD in the recent elections.
- 191(2): The article of the Constitution that deals with the disqualification of members of a legislature.
What is the BJP's stance on the issue?
BJP chief Sanjay Saraogi initially announced that the two independent MLCs had joined the party, but later clarified that they had only extended their support to the BJP.
Saraogi argued that there was no question of the two MLCs joining the party and that they had simply extended their support to the BJP.
What are the next steps in the case?
The opposition, led by the RJD, is expected to move the court, seeking justice and the disqualification of the two independent MLCs.
Jan Suraaj of Prashant Kishor has also decided to approach the court with an appeal to disqualify the MLCs.
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How does this affect the political landscape in Bihar?
The row over the Tenth Schedule has sparked a debate about the defection law and its implications for the political landscape in Bihar.
The RJD and other opposition parties are likely to use this issue to target the BJP and its allies in the state.
What are the implications for independent MLAs and MLCs?
The Tenth Schedule row has raised questions about the rights and privileges of independent MLAs and MLCs in India.
Independent legislators may need to be cautious about their associations with political parties to avoid disqualification.
What does this mean for the future of politics in Bihar?
The Tenth Schedule row is likely to have a significant impact on the future of politics in Bihar, with potential implications for the stability of the state government and the relationships between political parties.
What can be done to prevent similar incidents in the future?
To prevent similar incidents in the future, there is a need for greater clarity and transparency in the application of the Tenth Schedule and the defection law.
This could involve amendments to the Constitution or the introduction of new legislation to provide clearer guidelines for independent MLAs and MLCs.
Frequently Asked Questions
What is the Tenth Schedule of the Constitution?
The Tenth Schedule of the Constitution deals with provisions related to disqualification of members of Parliament and state legislatures on grounds of defection.
Can independent MLAs join a political party after being elected?
No, according to the Tenth Schedule, an independent member of a legislature cannot join any political party after being elected.
What are the possible consequences for the two MLCs who joined the BJP?
If the Chairman of the Bihar Legislative Council accepts the opposition's plea, the two independent MLCs could face disqualification from the legislature.
