Daily Current Affairs Quiz 2 November 2026

Introduction: The Tenth Schedule, added by the 52nd Amendment in 1985, disqualifies legislators who give up party membership, defy the whip, or, if elected as independents, join a party. The recent case of two independent members of the Bihar Legislative Council joining the ruling party shows how the law is tested in practice.

Role of the presiding officer

1. The Speaker or Chairman decides disqualification petitions; the decision is open to judicial review (Kihoto Hollohan, 1992).

2. There is no fixed deadline, so petitions can stay pending for years while the member keeps the seat.

3. The presiding officer usually belongs to the ruling side, which raises doubts of bias.

4. Fine lines, such as 'joining' a party versus only 'supporting' it, are left to his reading of the facts.

Concerns

1. Delay defeats the purpose of the law.

2. The law weakens debate inside parties, since members must follow the whip on every vote.

3. Group defections continue through the 'merger' exception.

Reforms

1. The Supreme Court in 2020 said such petitions should be decided within three months; this should be made binding by law.

2. The Dinesh Goswami Committee suggested that the President or Governor decide on the advice of the Election Commission; an independent tribunal is another option.

3. Limit the whip to confidence motions and money bills.

4. Publish reasons and timelines for every decision.

Conclusion: The law's aim of stable governments is valid, but the umpire must be neutral and quick. Time limits and an independent authority would restore faith in the law.

Battle IAS model answer

Introduction: The Kerala High Court recently struck down Rule 7(37) of the Kerala Abkari Shops and Disposal Rules, 2002, which barred women from working in toddy shops. It held that safety cannot be secured by banning women from work, and that the rule was neither justified nor proportionate.

How protection becomes a limit

1. Lost livelihood: a widow was refused the job her husband once held; toddy work pays ₹35,000 to ₹45,000 a month.

2. Stereotypes: such rules assume women cannot judge risks for themselves.

3. Shifting the burden: instead of making workplaces safe, the State shuts women out.

4. Narrow job market: only about 200 of 21,000 toddy workers are women.

Constitutional and judicial view

1. Article 15(1) bars discrimination on grounds of sex; Article 15(3) allows special provisions for women, not restrictions on them.

2. Article 39(a) and (d) promise an equal right to livelihood and equal pay.

3. In Anuj Garg (2008), the Supreme Court struck down a ban on women working in liquor premises, saying protective laws must pass a test of proportionality.

4. The Kerala High Court had earlier struck down a rule that kept women out of bars.

Way forward

1. Enforce the Sexual Harassment of Women at Workplace Act, 2013 with working complaint committees.

2. Provide safe transport, lighting and security at remote workplaces.

3. Review all laws and rules that bar women from jobs or night shifts.

Conclusion: Real protection means safe workplaces and free choice. Equality at work grows when the State removes barriers rather than builds them.

Battle IAS model answer