Anti-defection Law (Tenth Schedule)
Indian Polity & Governance
- PYQs12
- Articles3
Background
This law is fundamental to understanding party discipline, legislative stability, and the integrity of representative democracy in India. Its interpretation and implementation, particularly concerning the 'merger' clause and the role of the Presiding Officer, are frequently debated and tested in UPSC examinations.
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.
- Constitutional Amendment
- Added by the 52nd Constitutional Amendment Act, 1985.
- Grounds for Disqualification
- Disqualifies members if they voluntarily give up membership of their political party, or vote/abstain contrary to party whip.
- Adjudicating Authority
- The presiding officer (Speaker/Chairman) of the House is the adjudicating authority for defection cases.
- Exceptions
- Allows for non-disqualification in cases of merger of parties (at least two-thirds of members agree).
| 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 |
| Amendment | Provision |
|---|---|
| 52nd Amendment, 1985 | Introduced Tenth Schedule |
| 91st Amendment, 2003 | Removed 'split' provision (1/3rd members) |
| Type | Reference |
|---|---|
| Conceptual area | Constitutional Amendments & Structure |
| Conceptual area | Indian Polity & Governance |
| Conceptual area | Parliamentary System & Procedures |
| Body | Role |
|---|---|
| Parliament of India | Enacts and amends |
| Speaker of Lok Sabha | Decides disqualification |
| Chairman of Rajya Sabha | Decides disqualification |
| Supreme Court of India | Interprets and adjudicates |
| Speaker of the Legislative Assembly | Adjudicates |
| Election Commission of India | Advises on vacancies |
| Parliament | Enacts and amends laws |
| Presiding Officers (Speaker/Chairman) | Decides on disqualification under the law |
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 | Multi-statement analysis, Factual recall |
| 2025 | Statement-based questions, Institutional roles and functions |
| 2025 | Statement-based questions, Institutional roles and functions |
| 2024 | Statement-based questions, Factual recall |
| 2024 | Statement-based questions, Factual recall |
| 2024 | Factual recall, Multi-statement analysis |
| 2024 | Statement-based questions, Factual recall |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2019 | Statement-based questions, Conceptual understanding |
| 2019 | Multi-statement analysis, Factual recall |
| 2018 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Conceptual understanding |
Timeline
-
Constitutional Amendments & Structure
Conceptual area
-
Indian Polity & Governance
Conceptual area
-
Parliamentary System & Procedures
Conceptual area
-
Prelims 2014
Factual recall, Conceptual understanding
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2019
Multi-statement analysis, Factual recall
-
Prelims 2021
Conceptual understanding, Multi-statement analysis
-
Prelims 2024
Statement-based questions, Factual recall
-
Prelims 2024
Statement-based questions, Factual recall
-
Prelims 2024
Factual recall, Multi-statement analysis
-
Prelims 2024
Statement-based questions, Factual recall
-
Prelims 2025
Multi-statement analysis, Factual recall
-
Prelims 2025
Statement-based questions, Institutional roles and functions
-
Prelims 2025
Statement-based questions, Institutional roles and functions
-
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.
-
Fair and square: On the Tamil Nadu Speaker, MLAs, disqualification proceedings
The Tenth Schedule prevents political defections, ensuring government stability. It outlines grounds for disqualification and designates the Speaker as the adjudicating authority, though this power is subject to judicial review.
-
Defection as merger: On politics, the wave of defections
The Anti-Defection Law (Tenth Schedule) prevents elected members from changing parties, aiming for political stability. It disqualifies members for defection but provides an exception for mergers involving two-thirds of a party's legislators. The law has been amended to strengthen its provisions.
See also
Past papers
2014–2025 · 12 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.
Defection as merger: On politics, the wave of defections
The Anti-Defection Law (Tenth Schedule) prevents elected members from changing parties, aiming for political stability. It disqualifies members for defection but provides an exception for mergers involving two-thirds of a party's legislators. The law has been amended to strengthen its provisions.
Fair and square: On the Tamil Nadu Speaker, MLAs, disqualification proceedings
The Tenth Schedule prevents political defections, ensuring government stability. It outlines grounds for disqualification and designates the Speaker as the adjudicating authority, though this power is subject to judicial review.
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.
Consider the following statements:
1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
2. The above-mentioned Act was amended five times.
3. The term ‘Office of Profit’ is well- defined in the Constitution of India.
Which of the statements given above is/are correct?
Statement 1 is Correct: The Parliament (Prevention of Disqualification) Act, 1959 was enacted to prevent disqualification of MPs and MLAs due to holding certain offices that are considered essential for governance. This Act exempts specific posts from disqualification under the Office of Profit clause, ensuring that legislators can hold certain government-appointed positions without losing their seats. Statement 2 is Correct: The 1959 Act has been amended 5 times to expand the list of exempted offices. Statement 3 is Incorrect: The Constitution of India does not explicitly define the term "Office of Profit." Instead, Articles 102(1)(a) and 191(1)(a) state that a person shall be disqualified from being a Member of Parliament or a State Legislature if they hold an Office of Profit under the government.
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.
Show 7 more PYQs
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.
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.
We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
2. In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court
Select the correct answer using the codes given below.
Statement 1 is Correct: The key difference lies in Parliamentary Supremacy. In the British model, Parliament is considered sovereign. This means its legislative powers are supreme, and its laws cannot be challenged by any other body. In India, the Constitution is supreme. Parliament's power to legislate is limited by the Constitution. The judiciary can review laws passed by Parliament and strike them down if they violate the Constitution. Statement 2 is also Correct: This is a specific example of the limitation on Parliament's power in India. The Constitution Bench of the Supreme Court has the authority to review amendments made to existing laws (Acts) and determine if they are constitutional. This power of judicial review ensures the Constitution remains the supreme law.
Consider the following statements:
I. On the dissolution of the House of the People, the Speaker shall not vacate his/her office until immediately before the first meeting of the House of the People after the dissolution.
II. According to the provisions of the Constitution of India, a Member of the House of the People on being elected as Speaker shall resign from his/her political party immediately.
III. The Speaker of the House of the People may be removed from his/her office by a resolution of the House of the People passed by a majority of all the then Members of the House, provided that no resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
Which of the statements given above are 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.
Which of the following statements are correct in respect of a Money Bill in the Parliament?
1. Article 109 mentions special procedure in respect of Money Bills.
2. A Money Bill shall not be introduced in the Council of States.
3. The Rajya Sabha can either approve the Bill or suggest changes but cannot reject it.
4. Amendments to a Money Bill suggested by the Rajya Sabha have to be accepted by the Lok Sabha.
Select the answer using the code given below :
* Article 109 of the Indian Constitution specifically deals with the special procedure for Money Bills. (Correct) * Article 109(1) states that a Money Bill shall not be introduced in the Council of States (Rajya Sabha). It can only be introduced in the Lok Sabha (House of the People). (Correct) * Article 109(5) states that the Rajya Sabha can't reject a Money Bill. It can only make recommendations within 14 days, which the Lok Sabha may or may not accept. (Correct) * The Lok Sabha has the ultimate power regarding Money Bills. It is not bound to accept any amendments suggested by the Rajya Sabha. (Incorrect) Therefore, statements 1, 2, and 3 are correct.