Anti-defection Law (Tenth Schedule)
Indian Polity & Governance
- PYQs8
- Articles1
Background
The Anti-defection Law is a cornerstone of India's parliamentary democracy, crucial for understanding legislative stability, party discipline, and the role of political parties. Its frequent invocation and judicial interpretations make it a recurring topic in current affairs and a vital part of the Indian Polity syllabus.
The Anti-defection Law, enshrined in the Tenth Schedule of the Indian Constitution, was introduced by the 52nd Amendment Act of 1985. Its primary objective is to prevent political defections by elected representatives from one party to another, thereby ensuring stability in governance and preserving the integrity of the party system.
Facts & tables
- Introduction
- Introduced by the 52nd Constitution Amendment Act, 1985.
- Deciding Authority
- Disqualification decided by the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
- Deletion of 'Split' Exception
- The 'split' exception (Paragraph 3) was deleted by the 91st Constitution Amendment Act, 2003.
- 'Merger' Exception
- The 'merger' exception (Paragraph 4) requires two-thirds of the members of a legislature party to merge with another party, but its interpretation regarding the primacy of the political party vs. legislature party is a point of contention.
| Provision | Original (52nd Amendment, 1985) | Current (Post-91st Amendment, 2003) |
|---|---|---|
| Split | Allowed if 1/3rd members form a separate faction (Para 3) | Deleted |
| Merger | Allowed if 2/3rd members agree to merge (Para 4) | Allowed if 2/3rd members agree to merge (Para 4) - interpretation debated |
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets and adjudicates |
| Parliament of India | Enacts and amends |
| Speaker of Lok Sabha | Decides disqualification |
| Chairman of Rajya Sabha | Decides disqualification |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Institutional roles and functions
- 52nd Amendment (1985) introduced 10th Schedule.
- Aims to curb political defections.
- Speaker/Chairman decides disqualification.
- 'Split' exception removed by 91st Amendment (2003).
- 'Merger' exception (2/3rd members) remains, but its interpretation is crucial.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Institutional roles and functions |
| 2025 | Multi-statement analysis, Factual recall |
| 2024 | Factual recall, Multi-statement analysis |
| 2024 | Statement-based questions, Factual recall |
| 2024 | Statement-based questions, Factual recall |
| 2019 | Statement-based questions, Conceptual understanding |
| 2018 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Conceptual understanding |
Timeline
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Indian Polity & Governance
Conceptual area
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Prelims 2014
Factual recall, Conceptual understanding
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Prelims 2018
Statement-based questions, Conceptual understanding
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Prelims 2019
Statement-based questions, Conceptual understanding
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Prelims 2024
Factual recall, Multi-statement analysis
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Prelims 2024
Statement-based questions, Factual recall
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Prelims 2024
Statement-based questions, Factual recall
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Prelims 2025
Statement-based questions, Institutional roles and functions
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Prelims 2025
Multi-statement analysis, Factual recall
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Rajya Sabha defections, constitutional questions
The 10th Schedule (Anti-defection Law) prevents elected members from changing parties for personal gain, introduced by the 52nd Amendment. While the 'split' exception was removed by the 91st Amendment, the 'merger' exception (requiring 2/3rd members) remains, though its interpretation regarding the political party's role is debated.
See also
No related topics linked yet.
Past papers
2014–2025 · 8 questions
In the news
Rajya Sabha defections, constitutional questions
The 10th Schedule (Anti-defection Law) prevents elected members from changing parties for personal gain, introduced by the 52nd Amendment. While the 'split' exception was removed by the 91st Amendment, the 'merger' exception (requiring 2/3rd members) remains, though its interpretation regarding the political party's role is debated.
Try these PYQs
Consider the following statements:
I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the Tenth Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final.
II. There is no mention of the word 'political party' in the Constitution of India.
Which of the statements given above are correct?
❌ 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.
Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
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 Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages?
1. Konkani
2. Manipuri
3. Nepali
4. Maithili
Select the correct answer using the code given below:
* The 71st Amendment Act, 1992 amended the Eighth Schedule of the Indian Constitution to include Konkani, Manipuri, and Nepali languages. * These languages were added to grant official recognition and promote their cultural and linguistic development. * Konkani is primarily spoken in Goa, Manipuri in Manipur, and Nepali in Sikkim and Darjeeling (West Bengal). * Maithili, however, was added later through the 92nd Amendment Act, 2003, along with Bodo, Dogri, and Santhali.
Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam':
1. Provisions will come into effect from the 18th Lok Sabha.
2. This will be in force for 15 years after becoming an Act.
3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes.
Which of the statements given above are correct?
* Statement 1 is incorrect: There is no specific information available about which Lok Sabha session the provisions will be implemented. * Statement 2 is correct: The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament. * Statement 3 is also correct: In the seats reserved for SCs/STs, the Bill sought to provide one-third of the seats to be reserved for women on a rotational basis.
Consider the following pairs:
State – Description
I. Arunachal Pradesh : The capital is named after a fort, and the State has two National Parks.
II. Nagaland : The State came into existence on the basis of a Constitutional Amendment Act.
III. Tripura : Initially a Part 'C' State, it became a centrally administered territory with the reorganization of States in 1956 and later attained the status of a full-fledged State.
How many of the above pairs are correctly matched?
This question tests knowledge of historical and administrative facts about northeastern Indian states. ✅ Pair I: Arunachal Pradesh – Correct
* Itanagar, the capital, is named after Ita Fort.
* The state has two National Parks: Namdapha and Mouling. ✅ Pair II: Nagaland – Correct
* Nagaland attained statehood via a constitutional amendment and came into being on 1 December 1963 through the State of Nagaland Act, 1962. ✅ Pair III: Tripura – Correct
* Tripura was a Part 'C' state, became a Union Territory in 1956, and was granted statehood in 1972.
Show 3 more PYQs
With reference to the Government of India Act, 1935, consider the following statements:
1. It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States.
2. Defence and Foreign Affairs were kept under the control of the federal legislature.
Which of the statements given above is/are correct?
* Statement 1 is correct. The Government of India Act, 1935, proposed an All India Federation that would encompass both the British Indian Provinces and the Princely States. However, this federation never fully materialized due to the reluctance of many Princely States to join. * Statement 2 is incorrect. The Act reserved key subjects like Defence and Foreign Affairs under the control of the Governor General, representing the British Crown, and not the federal legislature. This ensured British dominance in these crucial areas.
Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
With reference to the Constitution of India, consider the following statements:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.