3 minConstitutional Provision
Constitutional Provision

Tenth Schedule of the Constitution

What is Tenth Schedule of the Constitution?

The Tenth Schedule of the Indian Constitution, often called the Anti-Defection Lawlaw to prevent political defections, was added in 1985 by the 52nd Amendment Act. It aims to prevent elected members of Parliament and state legislatures from changing parties after being elected. This law helps maintain stability in government. It outlines the process for disqualifying legislators who defect from their party. The main purpose is to stop political instability caused by frequent party switching. The Speakerpresiding officer of the legislature of the House decides on disqualification matters. The law has been amended over time, most notably by the 91st Amendment Act of 2003, to strengthen its provisions.

Historical Background

Before 1985, political defections were common in India. Legislators frequently switched parties for personal gain or political advantage. This led to unstable governments and political uncertainty. The Tenth Schedule was introduced to address this problem. The 52nd Amendment Act aimed to curb this practice by disqualifying defecting legislators. However, the original law had some loopholes. For example, mass defections were allowed. The 91st Amendment Act of 2003 further strengthened the law. It removed the exception for splits in political parties. Now, any defection, even a mass defection, can lead to disqualification. The law has been debated and challenged in courts over the years, but it remains a key part of India's political system.

Key Points

10 points
  • 1.

    A legislator is disqualified if they voluntarily give up their membership of their political party.

  • 2.

    A legislator is disqualified if they vote or abstain from voting in the House contrary to any direction issued by their political party, without obtaining prior permission. This is unless such voting or abstention is condoned by the party within 15 days.

  • 3.

    An independent candidate who joins a political party after the election is also disqualified.

  • 4.

    A nominated member of the House becomes disqualified if they join any political party after six months from the date they take their seat.

  • 5.

    The Speakerpresiding officer of the legislature of the House decides on questions of disqualification. This decision is subject to judicial review.

  • 6.

    The 91st Amendment Act of 2003 removed the exception for splits in political parties. Earlier, defections were allowed if at least one-third of the members of a party defected together.

  • 7.

    The law applies to both members of Parliament (Lok Sabha and Rajya Sabha) and members of state legislative assemblies and councils.

  • 8.

    The purpose of the law is to prevent political instability and maintain the integrity of the electoral process.

  • 9.

    The law has been criticized for limiting the freedom of speech and expression of legislators. Some argue that it gives too much power to political parties.

  • 10.

    The Supreme Court has upheld the validity of the Tenth Schedule in several cases, but has also emphasized the importance of timely decisions by the Speaker on disqualification petitions.

Recent Developments

5 developments
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The Supreme Court has repeatedly expressed concern about delays in deciding disqualification petitions by Speakers. (2020-2024)

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There are ongoing debates about whether the Speaker's decision on disqualification should be final or subject to judicial review.

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Some experts have suggested that the power to decide on disqualification should be transferred to an independent body, like the Election Commission, to ensure impartiality.

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The Supreme Court has emphasized the need for Speakers to act fairly and impartially when deciding on disqualification petitions. (2023)

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The issue of 'resignation' as a means to circumvent the anti-defection law is also being debated. Legislators resign to avoid disqualification and then contest elections again from another party.

This Concept in News

1 topics

Supreme Court Sets Deadline for Telangana Speaker on Defection Petitions

7 Feb 2026

This news underscores the ongoing challenges in implementing the Tenth Schedule effectively. The Supreme Court's repeated interventions highlight the issue of delayed decisions by Speakers, which can undermine the purpose of the anti-defection law. The news demonstrates that even with the law in place, political defections and manipulations continue to occur. This challenges the assumption that the law has completely eliminated the problem of political instability caused by defections. The implications of this news are that there is a need for further reforms to strengthen the anti-defection law and ensure its effective implementation. Understanding the Tenth Schedule is crucial for analyzing this news because it provides the legal and constitutional context for the disqualification petitions and the Supreme Court's intervention. Without this understanding, it is difficult to appreciate the significance of the delay and the potential impact on political stability.

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Frequently Asked Questions

12
1. What is the Tenth Schedule of the Constitution and its constitutional basis?

The Tenth Schedule, also known as the Anti-Defection Law, was added to the Indian Constitution in 1985 by the 52nd Amendment Act. It aims to prevent political defections by disqualifying legislators who switch parties after being elected. Articles 102(2) and 191(2) empower Parliament and state legislatures to make laws regarding disqualification of members.

Exam Tip

Remember the year and amendment number (1985, 52nd Amendment Act). Also, note the relevant articles empowering legislatures.

2. What are the key provisions of the Tenth Schedule?

The key provisions of the Tenth Schedule include:

  • •A legislator is disqualified if they voluntarily give up their membership of their political party.
  • •A legislator is disqualified if they vote or abstain from voting against their party's directions without prior permission, unless condoned within 15 days.
  • •An independent candidate who joins a political party after the election is also disqualified.
  • •A nominated member is disqualified if they join any political party after six months from taking their seat.
  • •The Speaker of the House decides on questions of disqualification, subject to judicial review.

Exam Tip

Focus on the conditions for disqualification and the role of the Speaker.

3. How does the Tenth Schedule work in practice?

In practice, the Tenth Schedule aims to prevent legislators from switching parties by setting conditions for disqualification. When a legislator defects, a petition is filed before the Speaker. The Speaker then decides whether the legislator has violated the provisions of the Tenth Schedule. If the Speaker decides that the legislator has defected, the legislator is disqualified from the House. The decision is subject to judicial review.

Exam Tip

Understand the process from defection to disqualification and the role of the Speaker and judicial review.

4. What are the limitations of the Tenth Schedule?

Based on the provided data, the original law had loopholes, such as allowing mass defections. The 91st Amendment Act of 2003 aimed to further strengthen the law. Delays in the Speaker's decision on disqualification petitions have also been a concern.

Exam Tip

Note the 91st Amendment Act and the issue of delays in decisions by the Speaker.

5. What are the challenges in implementation of the Tenth Schedule?

Challenges include delays in the Speaker's decision on disqualification petitions and debates about whether the Speaker's decision should be final or subject to judicial review. There are also suggestions to transfer the power to decide on disqualification to an independent body like the Election Commission to ensure impartiality.

Exam Tip

Focus on the issues of delay, impartiality, and the debate over the Speaker's powers.

6. What reforms have been suggested for the Tenth Schedule?

Reforms suggested include transferring the power to decide on disqualification from the Speaker to an independent body like the Election Commission. This is aimed at ensuring impartiality and reducing delays in decision-making.

Exam Tip

Remember the suggestion to transfer power to the Election Commission.

7. What is the significance of the Tenth Schedule in Indian democracy?

The Tenth Schedule aims to maintain stability in government by preventing frequent party switching by legislators. It helps to curb political instability caused by defections, promoting a more stable and predictable political environment.

Exam Tip

Understand its role in promoting political stability and preventing government instability.

8. How has the Tenth Schedule evolved over time?

The Tenth Schedule was introduced in 1985. The original law had loopholes, such as allowing mass defections. The 91st Amendment Act of 2003 further strengthened the law to address some of these loopholes.

Exam Tip

Remember the initial loopholes and the subsequent strengthening by the 91st Amendment Act.

9. What are frequently asked aspects of the Tenth Schedule in UPSC exams?

Frequently asked aspects include the provisions for disqualification, the role of the Speaker, the impact on political stability, the amendment acts (52nd and 91st), and criticisms regarding delays and impartiality.

Exam Tip

Focus on these key areas for both Prelims and Mains.

10. What is the difference between disqualification under the Tenth Schedule and other grounds for disqualification?

The Tenth Schedule specifically deals with disqualification arising from defection. Other grounds for disqualification, as per Articles 102(1) and 191(1), may include holding an office of profit, being of unsound mind, being an undischarged insolvent, or acquiring citizenship of a foreign state.

Exam Tip

Understand that the Tenth Schedule is specific to defection, while other articles cover broader disqualification criteria.

11. What is your opinion on the Speaker's role in deciding disqualification petitions under the Tenth Schedule?

The Speaker's role has been debated due to concerns about impartiality and delays. While the Speaker is expected to be neutral, their political affiliations can sometimes influence decisions. The Supreme Court has also expressed concerns about delays. Transferring the power to an independent body could potentially address these issues.

Exam Tip

Be prepared to discuss the pros and cons of the Speaker's role and alternative solutions.

12. What are the important articles/sections related to the Tenth Schedule?

Important articles include Article 102(2) and Article 191(2), which empower Parliament and state legislatures to make laws regarding disqualification of members. The Tenth Schedule itself is the primary legal framework.

Exam Tip

Focus on Articles 102(2) and 191(2) as the constitutional basis.

Source Topic

Supreme Court Sets Deadline for Telangana Speaker on Defection Petitions

Polity & Governance

UPSC Relevance

The Tenth Schedule is important for UPSC exams, especially for GS-2 (Polity and Governance). Questions are frequently asked about its provisions, impact, and criticisms. In Prelims, expect factual questions about the amendment acts and key provisions. In Mains, questions may focus on the effectiveness of the law in preventing defections, its impact on parliamentary democracy, and suggestions for reform. Recent Supreme Court judgments related to the Tenth Schedule are also important. Pay attention to the role of the Speaker and the issue of judicial review. In recent years, questions have explored the ethical dimensions of defections and the need for strengthening anti-defection measures.

This Concept in News

1 news topics

1

Supreme Court Sets Deadline for Telangana Speaker on Defection Petitions

7 February 2026

This news underscores the ongoing challenges in implementing the Tenth Schedule effectively. The Supreme Court's repeated interventions highlight the issue of delayed decisions by Speakers, which can undermine the purpose of the anti-defection law. The news demonstrates that even with the law in place, political defections and manipulations continue to occur. This challenges the assumption that the law has completely eliminated the problem of political instability caused by defections. The implications of this news are that there is a need for further reforms to strengthen the anti-defection law and ensure its effective implementation. Understanding the Tenth Schedule is crucial for analyzing this news because it provides the legal and constitutional context for the disqualification petitions and the Supreme Court's intervention. Without this understanding, it is difficult to appreciate the significance of the delay and the potential impact on political stability.