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...
The article discusses the increasing trend of political defections in India, particularly focusing on how elected representatives are using the 'merger' provision of the Tenth Schedule (anti-defection law) to switch parties without disqualification. It highlights recent instances involving Shiv Sena (UBT), TMC, and AAP MPs, where groups constituting two-thirds of a party's legislative strength claim a merger. The article points out that the Supreme Court has clarified that a merger must involve the parent party, not just the legislature party, but presiding officers often allow such claims due to pending judicial decisions. This trend is seen as undermining representative democracy and the spirit of the Constitution, especially by potentially altering the balance of power needed for constitutional amendments.
Durable syllabus ideas for revision — not article memory.
The Anti-Defection Law (Tenth Schedule) prevents elected members from changing parties, aiming for political stability. It disqualifies members for defection...
Previous year Prelims questions on overlapping themes and topics.
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.
Rajya Sabha has equal powers with Lok Sabha in:
The Rajya Sabha and the Lok Sabha, the two houses of India's Parliament, have different powers and functions. While the Lok Sabha is the lower house with members directly elected by the people, the Rajya Sabha is the upper house with members indirectly elected by the states. However, when it comes to amending the Constitution, both houses have equal powers. According to Article 368 of the Indian Constitution, any amendment to the Constitution requires the approval of both the Rajya Sabha and the Lok Sabha. Therefore, for a constitutional amendment to be valid, it must be approved by both houses of Parliament, giving them equal powers in the process.
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.
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.
As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of:
1. Addition
2. Variation
3. Repeal
Select the correct answer using the code given below:
Article 368 of the Indian Constitution outlines the process for amending the Constitution. It grants Parliament the authority to amend any provision of the Constitution by way of: 1. Addition * Parliament can add new provisions or articles to the Constitution that were not originally included. This allows the Constitution to evolve by incorporating new concepts or requirements. * Example: The 93rd Amendment Act, 2005 added Article 15(5), which allows for reservations in educational institutions for backward classes. 2. Variation * Parliament has the power to modify or alter existing provisions of the Constitution. This means changes can be made to existing articles without removing them entirely. * Example: The 42nd Amendment Act, 1976 altered several provisions, including changes to the Preamble and the relationship between the President and Parliament. 3. Repeal * Parliament can also repeal provisions of the Constitution, effectively removing them. This allows for the removal of outdated or irrelevant provisions. * Example: The 26th Amendment Act, 1971 abolished the privy purse that was being paid to former rulers of princely states. _Therefore, the correct answer is All of the above (1, 2, and 3)._
Right to vote and to be elected in India is a -
* The right to vote and to be elected in India is a constitutional right, enshrined in Article 326 of the Indian Constitution. * Article 326 grants the right to vote to every Indian citizen based on universal adult suffrage, ensuring that elections to the Parliament and State Legislatures are conducted democratically. * The Constitution (Sixty-first Amendment) Act, 1988, reduced the minimum voting age for elections to the Lok Sabha and State Legislative Assemblies from 21 years to 18 years. This amendment aimed to enhance youth participation in the electoral process and strengthen democratic representation. * While the right to vote is a constitutional right, it is subject to reasonable restrictions based on factors such as non-residence, unsoundness of mind, crime, or corrupt practices as prescribed by law.
Consider the following statements:
1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
Statement 1 is incorrect. A Constitution Amendment Bill can be introduced either by a minister or by a private member and does not require prior permission from the President. Statement 2 is correct. The 24th Amendment of the Indian Constitution amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution and the President is obliged to give his/her assent. Statement 3 is also correct. A Constitution Amendment Bill must be passed by a special majority in both houses and there is no provision for a joint sitting in case of disagreement. So, the second and third statements are correct.
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 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 -
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.
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.
Previous year Mains questions mapped to overlapping GS syllabus topics.
Does tribal development in India centre around two axes, those of displacement and of rehabilitation? Give your opinion.
Achieving sustainable growth with emphasis on environmental protection could come into conflict with poor people’s needs in a country like India – Comment.
How do you account for the growing fast food industries given that there are increased health concerns in modern society? Illustrate your answer with the Indian experience.
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.
Mahatma Jotirao Phule’s writings and efforts of social reforms touched issues of almost all subaltern classes. Discuss.
The article states that under the Tenth Schedule, disqualification does not apply if two-thirds of a party’s legislators agree to merge with another party. The 'split' provision (one-third) was removed in 2003, and voluntary resignation or defying a whip leads to disqualification.
The article explicitly mentions, 'the Supreme Court of India has, in a past judgment, made clear that a merger cannot be of the legislature party alone, and must involve the parent party as well.'
The article concludes by stating, 'Bypassing that intent through defections — whatever name they go by — is an affront to representative democracy and the spirit of the Constitution.'
Introduce the Tenth Schedule and its objective. Analyze how the 'merger' provision, judicial delays, and actions of presiding officers have rendered it ineffective. Conclude with concrete suggestions for reform to enhance its efficacy.
Explain 'engineered mergers' in the context of the Tenth Schedule. Elaborate on how they can alter the two-thirds majority needed for constitutional amendments. Discuss the broader impact on democratic principles and how this goes against the foundational spirit of the Constitution.