ANTI-DEFECTION LAW AND TENTH SCHEDULE

Also, city-specific action plans are being formulated for 102 non-attainment cities that are considered to have air quality worse than the National Ambient Air Quality Standards. The Smart Cities programme will be used to launch the NCAP in the 43 smart cities falling in the list of the 102 non-attainment cities. Target – It proposes a tentative national target of 20%-30% reduction in PM2.5 and PM10 concentrations by 2024, with 2017 as the base year for comparison. However, the government has stressed that NCAP is a scheme, not a legally binding document with any specified penal action against erring cities. Implementation – NCAP talks of a collaborative, multi-scale and cross-sectoral coordination between central ministries, state governments and local bodies. The CPCB will execute the nation-wide programme for the prevention, control, and abatement of air pollution within the framework of the NCAP. NCAP will be “institutionalised” by respective ministries and will be organised through inter-sectoral groups that will also include the Ministry of Finance, Ministry of Health, NITI Aayog, and experts from various fields.

CONTEXT

The Kohima Bench of the Gauhati High Court has directed Nagaland Assembly Speaker to conclude the disqualification proceedings against seven lawmakers of the Opposition Naga People’s Front (NPF) and pass appropriate orders within six weeks.

BACKGROUND

On April 24, 2019, the NPF filed disqualification petitions against its seven suspended MLAs for “wilfully” defying its collective decision to support the Congress candidate in the 2019 Lok Sabha polls. NPF claimed the seven MLAs had willfully given up their party membership, thereby attracting provisions under the 10th Schedule (anti-defection law) of the Constitution. These MLAs, however, said as the NPF’s decision to support the Congress candidate was “against the principle of regionalism”, they said they had backed the other candidate. The NPF had not contested the

polls.

ABOUT ANTI-DEFECTION LAW

The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.

1. It lays down the process by which legislators may be disqualified on grounds of defection by the

Presiding Officer of a legislature based on a petition by any other member of the House. 2. The decision on question as to disqualification on ground of defection is referred to the Chairman or the

Speaker of such House, and his decision is final.

The law applies to both Parliament and state assemblies.