Tenth Schedule of the Indian Constitution (Anti-Defection Law)
Indian Polity & Governance
- PYQs8
- Articles1
Background
The Tenth Schedule is crucial for understanding the functioning of India's parliamentary democracy, party discipline, and the powers of legislative presiding officers. Its ambiguities and frequent invocation in political crises make it a recurring topic for analysis in UPSC examinations.
The Tenth Schedule of the Indian Constitution, commonly known as the Anti-Defection Law, was incorporated through the 52nd Amendment Act of 1985. Its primary objective is to prevent political defections by members of Parliament and State Legislatures, thereby ensuring governmental stability and curbing unprincipled floor-crossing.
Facts & tables
- Constitutional Basis
- Added by the 52nd Amendment Act, 1985, and later strengthened by the 91st Amendment Act, 2003.
- Grounds for Disqualification
- Voluntarily giving up membership of the political party, or voting/abstaining contrary to any direction issued by the political party without prior permission.
- Exemptions
- Disqualification does not apply in cases of a merger of a political party with another (requiring two-thirds of members to agree) or for presiding officers who voluntarily give up party membership upon election to office.
- Deciding Authority
- The Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha (or their counterparts in State Legislatures) is the final authority on disqualification, subject to judicial review (Kihoto Hollohan case, 1992).
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Parliament of India | Legislates |
| State Legislatures | Legislates |
| Supreme Court of India | Interprets |
| Election Commission of India | Determines party recognition and symbols |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Institutional roles and functions
- Added by 52nd Amendment (1985), strengthened by 91st Amendment (2003).
- Disqualifies legislators for defection (voluntarily giving up membership or defying whip).
- Exemptions for party mergers (2/3 members) and presiding officers.
- Decision by Speaker/Chairperson, subject to judicial review (Kihoto Hollohan case).
- Aims to ensure political stability and party discipline.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Institutional roles and functions |
| 2025 | Multi-statement analysis, Conceptual understanding |
| 2024 | Factual recall, Multi-statement analysis |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2019 | Statement-based questions, Conceptual understanding |
| 2018 | Statement-based questions, Conceptual understanding |
| 2017 | Factual recall, 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
-
Prelims 2017
Factual recall, Conceptual understanding
-
Prelims 2018
Statement-based questions, Conceptual understanding
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Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Multi-statement analysis
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Prelims 2024
Factual recall, Multi-statement analysis
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Prelims 2025
Statement-based questions, Institutional roles and functions
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Prelims 2025
Multi-statement analysis, Conceptual understanding
-
A legislative tangle in Maharashtra
The Anti-Defection Law, enshrined in the Tenth Schedule, aims to prevent political instability caused by defections, but its application, particularly concerning party splits, mergers, and the discretionary powers of presiding officers, remains a subject of legal and political debate.
See also
Past papers
2014–2025 · 8 questions
In the news
A legislative tangle in Maharashtra
The Anti-Defection Law, enshrined in the Tenth Schedule, aims to prevent political instability caused by defections, but its application, particularly concerning party splits, mergers, and the discretionary powers of presiding officers, remains a subject of legal and political debate.
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.
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.
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.
Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
* Article 43A of the Indian Constitution pertains to the "Participation of workers in the management of industries" and is a part of Part IV – Directive Principles of State Policy (DPSP). * It was added by the 42nd Constitutional Amendment Act of 1976 to promote industrial democracy by ensuring that workers have a role in decision-making within industries. * This provision aligns with the broader goal of economic justice and socialistic principles, as envisioned in the Directive Principles, by advocating for worker participation in industrial management. * Thus, Article 43A emphasizes the importance of participatory management in industries to promote industrial harmony and economic democracy.
Show 3 more PYQs
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.
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 subjects under the Constitution of India:
I. List I–Union List, in the Seventh Schedule
II. Extent of the executive power of a State
III. Conditions of the Governor’s office
For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?
Statement I is Correct: Any change in the Union List alters the distribution of legislative powers and requires ratification by at least half of the State Legislatures. Statement II is Correct: Changes affecting the extent of a State’s executive power also need ratification by not less than one-half of the States. Statement III is Incorrect: Conditions of the Governor’s office can be amended by Parliament alone and do not require ratification by States.