Tenth Schedule: Anti-Defection Provisions
Indian Polity › Schedules of the Constitution · Topic 28.10
The Tenth Schedule, added by the 52nd Amendment Act, 1985, contains the anti-defection provisions for members of Parliament and state legislatures, linked to Articles 102 and 191, with paragraph 7 struck down in 1992 and the split exception removed in 2003.
5 min read · UPSC Prelims · Polity · Schedules of the Constitution
At a Glance
- What it is Schedule containing the anti-defection provisions
- Added by 52nd Amendment Act, 1985
- Articles 102(2) and 191(2)
- Struck down Paragraph 7 (Kihoto Hollohan, 1992)
- Exam link UPSC Prelims, Polity: Schedules of the Constitution
Where Does It Fit?
This is the tenth topic of the category on the Schedules of the Constitution. The Tenth Schedule, added by the 52nd Amendment Act of 1985, contains the provisions relating to the disqualification of members of Parliament and state legislatures on the ground of defection. It is the text-level counterpart of the topics on the Anti-Defection Law covered earlier.
Paragraph Structure
| Paragraph | Subject |
|---|---|
| 1 | Interpretation: defines House, legislature party, original political party and related terms |
| 2 | Disqualification on the ground of defection: voluntarily giving up membership; voting or abstaining against the party direction; independent members joining a party; nominated members joining a party after six months |
| 3 | Split exception (omitted by the 91st Amendment, 2003) |
| 4 | Disqualification on the ground of defection not to apply in case of merger |
| 5 | Exemption for a Speaker or Chairman who gives up party membership on election and rejoins after ceasing to hold office |
| 6 | Decision on questions of disqualification by the Chairman or Speaker of the House |
| 7 | Bar of jurisdiction of courts (declared unconstitutional in Kihoto Hollohan) |
| 8 | Rules made by the Chairman or Speaker |
The grounds, exceptions and the role of the presiding officer are explained in the topics under the Anti-Defection Law. Here the focus is on the Schedule as a part of the Constitution.
Constitutional Links
The 52nd Amendment Act amended Articles 101, 102, 190 and 191 and added the Tenth Schedule. Articles 102(2) and 191(2) disqualify a person from being a member of Parliament or a state legislature if disqualified under the Tenth Schedule, and Articles 101(3) and 190(3) relate to vacation of seats. This makes defection one of the disqualifications of members, alongside those listed in Articles 102(1) and 191(1), such as holding an office of profit, unsound mind, insolvency, and loss of citizenship.
The Law in Brief
- A party member is disqualified if he voluntarily gives up the membership of the party, or votes or abstains contrary to the party direction without prior permission and without condonation within 15 days.
- An independent member is disqualified if he joins any political party after the election.
- A nominated member is disqualified if he joins a party after six months from taking his seat.
- Merger of a party with another, agreed by two-thirds of the members of the legislature party, is protected.
- The Speaker or Chairman who gives up party membership on election to the office and rejoins after leaving office is protected.
- The decision is taken by the Speaker or Chairman, subject to judicial review after Kihoto Hollohan.
Related Provisions Added in 2003
| Provision | Effect |
|---|---|
| Article 75(1A) | Council of Ministers at the Centre limited to 15% of the Lok Sabha |
| Article 164(1A) | State council limited to 15% of the Assembly, with a minimum of 12 |
| Articles 75(1B) and 164(1B) | Members disqualified under the Tenth Schedule cannot be appointed ministers |
| Article 361B | Disqualified members cannot hold a remunerative political post |
These provisions work together with the Schedule, so that a defector loses the seat and also the incentive of office. The rules made by the presiding officer under paragraph 8 are laid before the House for 30 days, and the House may approve, modify or disapprove them. The Schedule is a favourite of examiners because its provisions on merger and condonation within 15 days are the details most often tested in statement-type questions about defection.
Amendments and Judicial Treatment
| Year | Event |
|---|---|
| 1985 | 52nd Amendment adds the Tenth Schedule |
| 1992 | Kihoto Hollohan: Schedule upheld except paragraph 7; presiding officer is a tribunal |
| 2003 | 91st Amendment omits the split exception and bars defectors from ministerial and remunerative political posts |
The Tenth Schedule is also listed in the Schedules at a glance as providing for disqualification of members of Parliament and state legislatures on the ground of defection, with the Articles covered being 102 and 191. It was described by the Prime Minister of the time as a first step towards cleaning up public life.
Why Is This Topic Important?
- Schedule identification Direct factual questions
- Article links 102 and 191
- Case Kihoto Hollohan
What Came Next?
The next topic covers the Eleventh Schedule, the powers of panchayats.
Key People and Terms
- Legislature party Group of party members in the House
- Paragraph 7 Struck down provision
- Merger Two-thirds agreement
- Condonation Party forgiving a violation
- Presiding officer Speaker or Chairman
Exam Corner
Points to Remember
- 52nd Amendment, 1985.
- Articles 102 and 191.
- Paragraph 7 struck down in 1992.
- Split exception removed in 2003.
- Decision by the presiding officer.
Do Not Confuse With
- Tenth Schedule and Ninth Schedule Anti-defection versus validation
- Merger and split Merger protected only
- Article 102 and 191 Parliament versus state legislature
Memory Hook
Tenth is the defector’s Schedule: 1985 made it, 1992 trimmed it, 2003 tightened it.
Mains Angle
Questions on this topic usually ask about the anti-defection provisions. Use these points to add depth.
- Stability versus dissent Trade-off
- Presiding officer Impartiality
- Judicial review Kihoto Hollohan
- Amendment 2003 changes
A Question You May Face
An original practice question, not a past paper question.
“Explain the provisions of the Tenth Schedule and the amendments and judgments that shaped them.”
How to Answer
- Introduction Origin.
- Provisions Grounds and exceptions.
- Judgment Kihoto Hollohan.
- Conclusion Reform.
GS Relevance
Frequently Asked Questions
What is the Tenth Schedule?
The Tenth Schedule, added by the 52nd Amendment Act of 1985, contains the provisions on disqualification of members of Parliament and state legislatures on the ground of defection, popularly called the anti-defection law, and relates to Articles 102 and 191.
Which Articles are linked to the Tenth Schedule?
Articles 102(2) and 191(2) disqualify a member under the Tenth Schedule from Parliament and the state legislature respectively, and the 52nd Amendment also amended Articles 101, 102, 190 and 191 to give effect to the law.
Who decides disqualification under the Tenth Schedule?
The Chairman or Speaker of the House decides questions of disqualification, and after Kihoto Hollohan in 1992 the decision is subject to judicial review because the presiding officer acts as a tribunal in this role.
What did the Supreme Court strike down in the Tenth Schedule?
In Kihoto Hollohan (1992), the Court struck down paragraph 7, which barred the jurisdiction of courts, since it needed ratification by half of the states under Article 368(2), and it upheld the remaining Schedule as valid law.
What was changed in 2003?
The 91st Amendment omitted the exemption for a split by one-third of the legislature party, so only a merger agreed by two-thirds of the party members now protects members from disqualification, with defectors also barred from ministerial posts, as the 91st Amendment tightened the law.
PYQ Practice — Statement Analysis
1 The Tenth Schedule was added by the 52nd Amendment.
In 1985.
2 Paragraph 7 of the Tenth Schedule still bars court review.
Struck down in 1992.
3 A split by one-third of members is protected after 2003.
Omitted.
4 The Tenth Schedule covers only Parliament.
Also state legislatures.
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