Anti-defection Law (Tenth Schedule)
The Anti-Defection Law (Tenth Schedule) prevents elected members from changing parties, aiming for political stability. It disqualifies members for defection...
Fair and square: On the Tamil Nadu Speaker, MLAs, disqualification proceedings
The Tamil Nadu Assembly Speaker decided not to pursue disqualification proceedings against 21 AIADMK MLAs who defied a party whip during a trust vote, as their party's general secretary condoned their actions within the timeframe prescribed by the Tenth Schedule. The article commends the Speaker's impartiality, contrasting it with past instances of partisan behavior by Speakers, and highlights the application of constitutional morality in legislative functioning, while also noting a technical point regarding four other MLAs who resigned.
Syllabus mapping
Prelims takeaways
- Understand the role and powers of the Speaker of a State Legislative Assembly, especially concerning disqualification.
- Familiarize with the provisions of the Tenth Schedule (Anti-defection law), including conditions for disqualification due to defying a party whip and the concept of condonation by the political party.
- Note the discretionary powers of the Speaker under the Tenth Schedule and the judicial review of such decisions.
- Differentiate between the implications of resignation and disqualification for a Member of Legislative Assembly (MLA).
- Grasp the concept of constitutional morality in the context of legislative functioning and the Speaker's impartiality.
Elimination traps
- Confusing the Speaker's powers in disqualification with the powers of the Election Commission.
- Misinterpreting the specific conditions and timelines for condonation under the Tenth Schedule.
- Overlooking the distinction between 'voluntarily giving up membership' and 'defying a party whip' as grounds for disqualification.
Static concepts
- Tenth Schedule of the Constitution
- Anti-defection law
- Party whip
- Trust vote
- Disqualification proceedings
- Speaker's discretionary powers
- Constitutional morality
- Resignation of MLAs
Probable question areas
Question areas
- Questions on the powers and functions of the Speaker of a State Legislative Assembly.
Question areas
- Questions related to the Tenth Schedule of the Constitution (Anti-defection Law), its provisions, and exceptions.
Question areas
- Scenarios involving party whip violations and the role of the presiding officer in disqualification proceedings.
Question areas
- The concept of 'constitutional morality' in the context of legislative and constitutional functionaries.
UPSC concepts in this story
Durable syllabus ideas for revision — not article memory.
Role and Powers of the Speaker (State Legislature)
The Speaker of a State Legislative Assembly is its presiding officer, responsible for maintaining order, regulating proceedings, and adjudicating anti-defect...
Previous year Prelims questions on overlapping themes and topics.
Consider the following statements:
1. The Legislative Council of a state in India can be larger in size than half of the Legislative Assembly of that particular state.
2. The Governor of a state nominates the Chairman of the Legislative Council of that particular state.
Which of the statements given above is/are correct?
Explanation
Correct answer
D. Neither 1 nor 2
Statement 1 is Incorrect: The size of the Legislative Council of a state cannot be larger than one-third of the total membership of the Legislative Assembly. The Constitution sets a limit to ensure the dominance of the lower house (Legislative Assembly) in a bicameral legislature. Statement 2 is Incorrect: The Chairman of the Legislative Council is not nominated by the Governor. The members of the Legislative Council themselves elect the Chairman and Deputy Chairman. This ensures the independence of the Upper House from the executive branch (headed by the Governor).
Indian Polity & Governance
State Legislature
Parliamentary System & Procedures
With reference to the Legislative Assembly of a State in India, consider the following statements:
1. The governor makes a customary address to members of the house at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct?
Explanation
Correct answer
C. Both 1 and 2
Statement 1 is correct: Article 176(1) of the Indian Constitution mandates that the Governor shall address both Houses of the State Legislature at the commencement of the first session after each general election to the State Assembly and at the commencement of the first session of each year. The Governor's address outlines the government’s policies, legislative agenda, and key priorities. This address is similar to the President’s address to Parliament under Article 87. Statement 2 is correct: When there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.
Indian Polity & Governance
State Legislature
Parliamentary System & Procedures
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then -
Explanation
Correct answer
B. the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Option A is incorrect: When President's Rule is imposed, the State Assembly is not automatically dissolved. It can either be kept in suspended animation or dissolved later through a separate proclamation. Option B is correct: Under President’s Rule, the legislative powers of the state legislature are transferred to Parliament, which can make laws for the state during this period. This is in line with Article 356, which allows the President to assume state functions when the constitutional machinery breaks down. Option C is incorrect: Article 19, which guarantees fundamental rights such as freedom of speech, movement, and profession, is not automatically suspended under President’s Rule. Fundamental rights are only suspended during a national emergency under Article 352, not under Article 356. Option D is incorrect: The President does not directly make laws for the state under Article 356. Instead, Parliament exercises legislative powers on behalf of the state during President’s Rule.
Indian Polity & Governance
Parliamentary System & Procedures
Federal Structure & Centre State Relations
State Legislature
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?
Explanation
Correct answer
D. Neither I nor II
❌ 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.
Indian Polity & Governance
Parliamentary System & Procedures
Constitutional Amendments & Structure
The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the -
Explanation
Correct answer
D. Rajya Sabha by a majority of not less than two-thirds of its members present and voting
As per Article 249 of the Indian Constitution, the Parliament of India can legislate on a subject in the State List if the Rajya Sabha passes a resolution stating that it is necessary in the national interest. This resolution must be approved by a majority of not less than two-thirds of the members present and voting. Once passed, this resolution empowers Parliament to make laws on the specified subject for a period of one year, which can be extended further by passing another resolution.
Indian Polity & Governance
Federal Structure & Centre State Relations
Parliamentary System & Procedures
Separation Of Powers & Constitutional Ideals
With reference to the election of the President of India, consider the following statements:
1. The value of the vote of each MLA varies from State to State.
2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.
Which of the following statements given above is/are Correct?
Explanation
Correct answer
C. 1 only
Statement 1 is correct: The value of the vote of each MLA varies from State to State. The value of an MLA's vote is based on the population of their state relative to the number of MLAs in the state assembly. States with larger populations have a higher value per MLA vote. Statement 2 is incorrect: Both MPs (Lok Sabha and Rajya Sabha) have the same value for their vote in the presidential election. Hence, the correct answer is option (c) 1 only.
Indian Polity & Governance
Parliamentary System & Procedures
Federal Structure & Centre State Relations
With reference to anti-defection law in India, consider the following statements:
1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.
Which of the statements given above is/are correct ?
Explanation
Correct answer
B. 2 only
Statement 1 is incorrect. As per the Anti-Defection Law, a nominated legislator can join a political party within six months of being appointed to the House, not after such time. Statement 2 is correct. The Anti-Defection Law does not specify any time limit for the presiding officer to decide on a defection case. So, only the second statement is correct.
Indian Polity & Governance
Parliamentary System & Procedures
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?
Explanation
Correct answer
C. I and III only
✅ 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.
Indian Polity & Governance
Parliamentary System & Procedures
Constitutional & Statutory Bodies
Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
Explanation
Correct answer
D. Tenth Schedule
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.
Indian Polity & Governance
Constitutional Amendments & Structure
Parliamentary System & Procedures
The Parliament can make any law for whole or any part of India for implementing international treaties
Explanation
Correct answer
D. without the consent of any State
The Indian Parliament has the authority to enact laws applicable throughout the country (or any specific region) to fulfil its obligations under international treaties. This power is enshrined in Article 253 of the Indian Constitution. Unlike some situations where the Parliament might require state consent for legislative actions, Article 253 grants the authority to enact these laws without needing approval from individual states. Also, the Constitution empowers Parliament to make laws on any matter in the state list under five extraordinary circumstances
- Rajya Sabha passes the resolution(Article 249) - During a National Emergency (Article 250, read with Article 352)
- States make a request(Article 252) - To implement international agreements(Article 253) - During the President's rule (Article 356).
Indian Polity & Governance
Parliamentary System & Procedures
Federal Structure & Centre State Relations
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