UPSC Prelims 2014 Q49: Indian Polity – Elections & Electoral Reforms
Which one of the following Schedules of the Constitution of India contains provisions
regarding anti - defection?
- (a) Second Schedule
- (b) Fifth Schedule
- (c) Eighth Schedule
- (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 disqualification | Detail |
|---|---|
| Giving up party membership | Voluntarily leaving the party on whose ticket one was elected |
| Defying the whip | Voting or abstaining against the party's direction |
| Independent member | Joining any party after election |
| Nominated member | Joining a party after six months |
Key points:
| Feature | Detail |
|---|---|
| Who decides | The Speaker or Chairman of the House |
| Judicial review | Allowed (Kihoto Hollohan case, 1992) |
| Merger | Allowed 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
- (a) Incorrect. The Second Schedule deals with salaries and allowances.
- (b) Incorrect. The Fifth Schedule deals with Scheduled Areas and Scheduled Tribes.
- (c) Incorrect. The Eighth Schedule lists the recognised languages.
- (d) CORRECT. The Tenth Schedule contains the provisions regarding anti-defection.
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
- Confusing the 52nd Amendment (1985) with the 91st (2003).
- Thinking the Speaker's decision is beyond judicial review.
- Mixing up the old one-third split rule with the two-thirds merger rule.
Exam tip
Tenth Schedule = defection. Eleventh = Panchayats. Twelfth = Municipalities.
Sources
- Constitution of India — Tenth Schedule
- Kihoto Hollohan v. Zachillhu (Supreme Court of India, 1992)