UPSC Notes

Anti-defection Law (Tenth Schedule)

PYQs

13

Articles

4

Momentum

36

Phase IFoundation

Background

Overview

Essential for understanding the stability of governments, party discipline, the role of the Speaker, and the evolution of India's parliamentary democracy. It's a recurring topic in GS2.

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.

Phase IIStatic core

Facts & tables

Key facts

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).

Reference table

Evolution of Anti-defection Law Exceptions

ProvisionOriginal (52nd Amendment, 1985)Current (Post-91st Amendment, 2003)
SplitAllowed if 1/3rd members form a separate faction (Para 3)Deleted
MergerAllowed if 2/3rd members agree to merge (Para 4)Allowed if 2/3rd members agree to merge (Para 4) - interpretation debated

Reference table

Key Amendments to Anti-Defection Law

AmendmentProvision
52nd Amendment, 1985Introduced Tenth Schedule
91st Amendment, 2003Removed 'split' provision (1/3rd members)

Reference table

Key Provisions of Tenth Schedule

ProvisionDescription
Para 2(1)(a)Voluntarily giving up membership of political party
Para 2(1)(b)Voting or abstaining contrary to party whip
Para 4Exemption from disqualification in case of merger (2/3rd members)

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaParliamentary System & Procedures
Conceptual areaConstitutional Amendments & Structure

Reference table

Institutions & roles

BodyRole
Parliament of IndiaEnacts and amends
Speaker of Lok SabhaDecides disqualification
Chairman of Rajya SabhaDecides disqualification
Supreme Court of IndiaInterprets and adjudicates
Speaker of the Legislative AssemblyAdjudicates
Election Commission of IndiaAdvises on vacancies
ParliamentEnacts and amends laws
Presiding Officers (Speaker/Chairman)Decides on disqualification under the law
Lok Sabha SpeakerAdjudicates
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Institutional roles and functions

Quick revision

  • 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.

Elimination traps

Constitutional vs statutoryThe Anti-defection Law is a constitutional provision (10th Schedule), not a mere statutory law.

Check if created by Constitution or by Parliament.

High-confidence PYQs

Topic timeline

Indian Polity & GovernanceParliamentary System & ProceduresConstitutional Amendments & Structure

Rajya Sabha defections, constitutional questions

27 May 2026 · 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.

Read article

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

12 Jun 2026 · 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.

Read article

Defection as merger: On politics, the wave of defections

20 Jun 2026 · 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.

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SC declines interim stay on Speaker’s decision to approve Uddhav Sena MPs’ ‘merger’ with Shinde faction

22 Jul 2026 · The Anti-defection Law, enshrined in the Tenth Schedule, aims to curb political defections by disqualifying legislators who switch parties or defy party directives, though its implementation often sparks debates on the Speaker's impartiality and judicial review.

Read article

Related topics

Practice writing on this topic

UPSC has asked 13 linked questions on Anti-defection Law (Tenth Schedule) in Mains. Write an answer to one — and get it evaluated.

UPSC Prelims PYQs on Anti-defection Law (Tenth Schedule)

Practice official previous year questions asked by UPSC related to this concept.

With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator cannot join any political ...

2022·Indian Polity
Solve

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 ...

2025·Indian Polity
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Consider the following statements: 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of...

2019·Indian Polity
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Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

2014·Indian Polity
Solve

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2024·Indian Polity
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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 ...

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Consider the following pairs: State – Description I. Arunachal Pradesh : The capital is named after a fort, and the State has two National Parks. II. Nagala...

2025·Geography
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With reference to the Government of India Act, 1935, consider the following statements: 1. It provided for the establishment of an All India Federation base...

2024·Modern History
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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 ...

2019·Indian Polity
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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 validi...

2018·Indian Polity
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We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

2021·Indian Polity
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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 th...

2025·Indian Polity
Solve

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 Bi...

2024·Indian Polity
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