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UPSC Prelims 2014 Q49: Indian Polity – Elections & Electoral Reforms

UPSC Prelims 2014, General Studies Paper I · Indian Polity

Which one of the following Schedules of the Constitution of India contains provisions regarding anti - defection?
  1. (a) Second Schedule
  2. (b) Fifth Schedule
  3. (c) Eighth Schedule
  4. (d) Tenth Schedule

Answer: (d) Tenth Schedule

Explanation

Anti-defection provisions

The Tenth Schedule contains the anti-defection law.

It was added by the 52nd Amendment Act, 1985.

Ground for disqualificationDetail
Giving up party membershipVoluntarily leaving the party on whose ticket one was elected
Defying the whipVoting or abstaining against the party's direction
Independent memberJoining any party after election
Nominated memberJoining a party after six months

Key points:

FeatureDetail
Who decidesThe Speaker or Chairman of the House
Judicial reviewAllowed (Kihoto Hollohan case, 1992)
MergerAllowed if two-thirds of the party's members agree
91st Amendment (2003)Removed the exemption for a split by one-third of members

The other Schedules: Second (salaries), Fifth (Scheduled Areas), Eighth (languages).

Answer: (d) Tenth Schedule.

Why each option is right or wrong

Key point

Tenth Schedule (52nd Amendment, 1985): anti-defection law; Speaker decides; merger needs two-thirds; split exemption removed by the 91st Amendment (2003).

Remember

Anti-defection = Tenth Schedule, 52nd Amendment.

Common mistakes

Exam tip

Tenth Schedule = defection. Eleventh = Panchayats. Twelfth = Municipalities.

Sources

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