The right to take final decision on matters related to party defection lies with:

Question

Accepted Answer

The correct option is 3:

The right to take final decision on matters related to party defection lies with the **Chairman of the House** (in the Rajya Sabha or State Legislative Council) or the Speaker of the House (in the Lok Sabha or State Legislative Assembly). This power is explicitly granted under the Tenth Schedule of the Indian Constitution, popularly known as the Anti-Defection Law, which was added by the 52nd Amendment Act of 1985. The primary objective of this law is to prevent political defections induced by incentives or coercion, thereby ensuring stability in the parliamentary democracy and maintaining the integrity of political parties. The Presiding Officer of the House (Chairman/Speaker) is the final authority to decide whether a member has incurred disqualification under the Tenth Schedule. The Constitution entrusts this quasi-judicial role to the Presiding Officer because they are seen as the custodian of the dignity and proceedings of the House. Initially, the decision of the Presiding Officer was immune from judicial review, but in the landmark *Kihoto Hollohan vs. Zachillhu* case (1993), the Supreme Court ruled that the decision is subject to judicial review, although only after the Presiding Officer has given their ruling. This mechanism ensures that the internal political dynamics of the legislature are managed by a neutral authority within the House itself.

The incorrect option is 1:

The Election Commission of India (ECI) is primarily responsible for conducting free and fair elections, registering political parties, allocating symbols, and settling disputes concerning splits or mergers of political parties. While the ECI deals with disqualification of members concerning office of profit or insolvency under Article 102/191 of the Constitution, it does not adjudicate matters related to defection under the Tenth Schedule. The ECI's role in this context is advisory to the President or Governor regarding disqualifications, but the actual decision-making authority for disqualification due to defection rests solely with the Presiding Officer of the respective House.

The incorrect option is 2:

The Leader of the related party, while crucial in enforcing party discipline and issuing whips, does not possess the constitutional authority to disqualify a member on the grounds of defection. The Anti-Defection Law is designed to be administered by an impartial constitutional authority, not by the head of a political party. Allowing a party leader to take the final decision would violate the principles of natural justice, as the party leader is an interested party in the defection case. The party's role is typically limited to petitioning the Presiding Officer for action against the defector.

The incorrect option is 4:

A Parliamentary Committee is generally tasked with various legislative, financial, or investigatory functions within the Parliament. Although the Rules of Procedure of the House allow the Speaker or Chairman to refer certain matters to a Committee, the final, binding decision on a disqualification arising from defection remains the constitutional prerogative of the Presiding Officer (the Speaker or Chairman). A Parliamentary Committee might investigate the facts of a defection case if asked, but it lacks the ultimate power under the Tenth Schedule to declare a member disqualified. The power to decide on defection is specifically vested in a single constitutional office to ensure swift and definitive resolution.