Fair and square: On the Tamil Nadu Speaker, MLAs, disqualification proceedings

Statement 1 is Incorrect: The size of the Legislative Council of a state cannot be larger than one-third of the total membership of the Legislative Assembly. The Constitution sets a limit to ensure the dominance of the lower house (Legislative Assembly) in a bicameral legislature. Statement 2 is Incorrect: The Chairman of the Legislative Council is not nominated by the Governor. The members of the Legislative Council themselves elect the Chairman and Deputy Chairman. This ensures the independence of the Upper House from the executive branch (headed by the Governor).

Statement 1 is correct: Article 176(1) of the Indian Constitution mandates that the Governor shall address both Houses of the State Legislature at the commencement of the first session after each general election to the State Assembly and at the commencement of the first session of each year. The Governor's address outlines the government’s policies, legislative agenda, and key priorities. This address is similar to the President’s address to Parliament under Article 87. Statement 2 is correct: When there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.

Option A is incorrect: When President's Rule is imposed, the State Assembly is not automatically dissolved. It can either be kept in suspended animation or dissolved later through a separate proclamation. Option B is correct: Under President’s Rule, the legislative powers of the state legislature are transferred to Parliament, which can make laws for the state during this period. This is in line with Article 356, which allows the President to assume state functions when the constitutional machinery breaks down. Option C is incorrect: Article 19, which guarantees fundamental rights such as freedom of speech, movement, and profession, is not automatically suspended under President’s Rule. Fundamental rights are only suspended during a national emergency under Article 352, not under Article 356. Option D is incorrect: The President does not directly make laws for the state under Article 356. Instead, Parliament exercises legislative powers on behalf of the state during President’s Rule.

❌ Statement I: Incorrect
The decision on disqualification under the Tenth Schedule is made by the Speaker or Chairman, not the President or the Union Council of Ministers. ❌ Statement II: Incorrect
The word ‘political party’ is explicitly mentioned in the Tenth Schedule of the Constitution. Therefore, neither statement is correct.

As per Article 249 of the Indian Constitution, the Parliament of India can legislate on a subject in the State List if the Rajya Sabha passes a resolution stating that it is necessary in the national interest. This resolution must be approved by a majority of not less than two-thirds of the members present and voting. Once passed, this resolution empowers Parliament to make laws on the specified subject for a period of one year, which can be extended further by passing another resolution.

Statement 1 is correct: The value of the vote of each MLA varies from State to State. The value of an MLA's vote is based on the population of their state relative to the number of MLAs in the state assembly. States with larger populations have a higher value per MLA vote. Statement 2 is incorrect: Both MPs (Lok Sabha and Rajya Sabha) have the same value for their vote in the presidential election. Hence, the correct answer is option (c) 1 only.

Statement 1 is incorrect. As per the Anti-Defection Law, a nominated legislator can join a political party within six months of being appointed to the House, not after such time. Statement 2 is correct. The Anti-Defection Law does not specify any time limit for the presiding officer to decide on a defection case. So, only the second statement is correct.

✅ Statement I: Correct
The Speaker of Lok Sabha continues in office even after dissolution until just before the new House meets, ensuring continuity (Article 94). ❌ Statement II: Incorrect
No constitutional mandate requires the Speaker to resign from their political party; this is only a convention for impartiality. ✅ Statement III: Correct
The Speaker can be removed by a majority resolution with at least 14 days' prior notice (Article 94). Therefore, statements I and III are correct.

The Tenth Schedule of the Constitution of India contains provisions regarding anti-defection. The Tenth Schedule, also known as the Anti-Defection Law, was added to the Constitution through the 52nd Amendment Act in 1985. It lays down the process by which legislators may be disqualified on the grounds of defection from the political party they were elected under.

The Indian Parliament has the authority to enact laws applicable throughout the country (or any specific region) to fulfil its obligations under international treaties. This power is enshrined in Article 253 of the Indian Constitution. Unlike some situations where the Parliament might require state consent for legislative actions, Article 253 grants the authority to enact these laws without needing approval from individual states. Also, the Constitution empowers Parliament to make laws on any matter in the state list under five extraordinary circumstances
- Rajya Sabha passes the resolution(Article 249) - During a National Emergency (Article 250, read with Article 352)
- States make a request(Article 252) - To implement international agreements(Article 253) - During the President's rule (Article 356).