Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2014, Q47

Contents7
UPSC Prelims GS2014Indian Polity
  1. ASecond Schedule
  2. BFifth Schedule
  3. CEighth Schedule
  4. DTenth Schedule
Show answer

Answer: (D) Tenth Schedule

Anti-defection provisions are in the Tenth Schedule of the Constitution, added by the 52nd Amendment Act, 1985.

Must-know Schedules for UPSC:

  • 1st Schedule — States and UTs.
  • 2nd Schedule — Salaries of President, Governors, Judges, etc.
  • 3rd Schedule — Oaths and affirmations.
  • 5th Schedule — Administration of Scheduled Areas.
  • 6th Schedule — Administration of tribal areas in NE states.
  • 7th Schedule — Union, State, and Concurrent Lists.
  • 8th Schedule — Official Languages (22 languages).
  • 9th Schedule — Acts protected from judicial review.
  • 10th Schedule — Anti-defection.
  • 11th Schedule — Panchayat powers (29 subjects).
  • 12th Schedule — Municipality powers (18 subjects).

The Tenth Schedule disqualifies legislators who defect (switch parties).

(Ref: Laxmikanth)

Why this was asked

The Tenth Schedule is the only constitutional mechanism that disqualifies legislators who switch parties after elections, making it crucial for political stability.

Added by the 52nd Amendment in 1985, the anti-defection law was created to prevent the frequent party-switching that destabilized governments in the 1960s-80s.

UPSC regularly tests knowledge of specific schedules since students often confuse which constitutional provisions are placed where.

Tenth Schedule & Anti-Defection Law

Indian Polity anti-defection Tenth Schedule

Tenth Schedule: Anti-Defection Provisions & Key Features

Must know

Tenth Schedule contains anti-defection law added by 52nd Amendment Act, 1985

Disqualifies MPs/MLAs who voluntarily give up party membership or vote against party whip

Speaker/Chairman decides disqualification cases

Good to know

One-third rule: No disqualification if 1/3rd members split from original party

The Tenth Schedule was added to prevent frequent party switching by legislators, which was destabilizing governments. It establishes grounds for disqualification and the process for deciding such cases.

Grounds for Disqualification

Ground

Applies To

Exception

Voluntary resignation from party membership

All elected members

None

Voting/abstaining against party whip

All elected members

Party condones within 15 days

Nominated member joins any party after 6 months

Rajya Sabha/Legislative Council nominees

Must join within 6 months of taking oath

Key Provisions & Process

Presiding Officer decides: Speaker for MLAs, Chairman for MLCs/MPs in Rajya Sabha, Lok Sabha Speaker for Lok Sabha MPs

Judicial review limited: Supreme Court in Kihoto Hollohan case ruled Speaker's decision is subject to judicial review only on grounds of mala fides

Time limit: No specific time limit given to Presiding Officer for deciding cases

Political party recognition: Must be recognized by Election Commission or have separate group in House

Question Context

This question tested direct factual knowledge of which Schedule contains anti-defection provisions. Students often confuse constitutional schedules or may associate anti-defection with Representation of People Act instead of the Constitution.

Exam traps

Second Schedule covers salaries/allowances - not anti-defection

Fifth Schedule is about Scheduled Areas administration - different from anti-defection

Eighth Schedule lists official languages - completely unrelated to defection

Anti-defection is constitutional provision (Tenth Schedule), not just election law

All Constitutional Schedules

Indian Polity Second Schedule Fifth Schedule Eighth Schedule Schedules

Complete Guide to Constitutional Schedules (1st-12th)

Must know

12 Schedules in Constitution - from 1st Schedule (States/UTs) to 12th Schedule (Municipality subjects)

7th Schedule has Union, State, Concurrent Lists with 97, 62, 47 subjects respectively

8th Schedule has 22 official languages (originally 14, expanded over time)

Original 8 Schedules (1950)

Schedule

Content

Key Numbers/Facts

First

States and Union Territories

Lists all states/UTs with territorial details

Second

Salaries & Allowances

President, Governors, Judges, CAG, etc.

Third

Oaths and Affirmations

Forms of oath for all constitutional posts

Fourth

Seats allocation in Rajya Sabha

245 seats distributed among states

Fifth

Scheduled Areas & Scheduled Tribes

Governor's special powers in tribal areas

Sixth

Tribal Areas in NE States

Assam, Meghalaya, Tripura, Mizoram

Seventh

Distribution of Legislative Powers

Union (97), State (62), Concurrent (47)

Eighth

Official Languages

Originally 14 languages, now 22

Later Added Schedules

Schedule

Added By

Content

Key Feature

Ninth

1st Amendment, 1951

Acts immune from judicial review

Land reform laws protected

Tenth

52nd Amendment, 1985

Anti-defection provisions

Disqualification of defecting legislators

Eleventh

73rd Amendment, 1992

Panchayat subjects

29 subjects for rural local bodies

Twelfth

74th Amendment, 1992

Municipality subjects

18 subjects for urban local bodies

Exam traps

Fifth vs Sixth Schedule: 5th is for Scheduled Areas across India, 6th only for 4 NE states

Ninth Schedule laws are not completely immune - Kesavananda Bharati allows review if basic structure violated

11th Schedule has 29 subjects, 12th Schedule has 18 - don't mix up the numbers

8th Schedule started with 14 languages in 1950, now has 22 - UPSC tests both numbers