Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
Contents7
- ASecond Schedule
- BFifth Schedule
- CEighth Schedule
- 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)
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
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
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.
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)
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 |
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