Topic: Salient features of the Representation of People’s Act.
Q4. “The adjudicatory role of the Speaker under the Tenth Schedule has been a subject of persistent constitutional debate.” Examine the limitations of this arrangement. Discuss the need for an independent adjudicatory mechanism. Suggest an appropriate institutional model to ensure impartial and timely resolution of defection disputes. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question
The issue of defections and the functioning of the Tenth Schedule has gained renewed relevance due to frequent political crises and judicial scrutiny, raising concerns about institutional neutrality.Key Demand of the question
The question requires examining the limitations of the Speaker’s adjudicatory role under the Tenth Schedule and justifying the need for an independent mechanism. It also demands suggesting a suitable institutional model ensuring impartiality and timely resolution.Structure of the Answer:
Introduction
Briefly highlight anti-defection law and controversy around Speaker’s neutrality
Body
- Limitations of Speaker’s role: Structural bias, absence of timelines, and susceptibility to political influence weaken adjudication
- Need for independent mechanism: Ensuring impartiality, strengthening public trust, and enabling time-bound resolution
- Institutional model: Independent tribunal with judicial expertise, clear procedures, and constitutional backing
Conclusion
Emphasise need for reform to strengthen democratic integrity
