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Tenth Schedule of the Indian Constitution (Anti-Defection Law)

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

The Tenth Schedule is crucial for understanding the functioning of India's parliamentary democracy, party discipline, and the powers of legislative presiding officers. Its ambiguities and frequent invocation in political crises make it a recurring topic for analysis in UPSC examinations.

The Tenth Schedule of the Indian Constitution, commonly known as the Anti-Defection Law, was incorporated through the 52nd Amendment Act of 1985. Its primary objective is to prevent political defections by members of Parliament and State Legislatures, thereby ensuring governmental stability and curbing unprincipled floor-crossing.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Basis

Added by the 52nd Amendment Act, 1985, and later strengthened by the 91st Amendment Act, 2003.

Grounds for Disqualification

Voluntarily giving up membership of the political party, or voting/abstaining contrary to any direction issued by the political party without prior permission.

Exemptions

Disqualification does not apply in cases of a merger of a political party with another (requiring two-thirds of members to agree) or for presiding officers who voluntarily give up party membership upon election to office.

Deciding Authority

The Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha (or their counterparts in State Legislatures) is the final authority on disqualification, subject to judicial review (Kihoto Hollohan case, 1992).

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance

Reference table

Institutions & roles

BodyRole
Parliament of IndiaLegislates
State LegislaturesLegislates
Supreme Court of IndiaInterprets
Election Commission of IndiaDetermines party recognition and symbols
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Institutional roles and functions

Quick revision

  • Added by 52nd Amendment (1985), strengthened by 91st Amendment (2003).
  • Disqualifies legislators for defection (voluntarily giving up membership or defying whip).
  • Exemptions for party mergers (2/3 members) and presiding officers.
  • Decision by Speaker/Chairperson, subject to judicial review (Kihoto Hollohan case).
  • Aims to ensure political stability and party discipline.

Elimination traps

Constitutional vs statutory — The Anti-Defection Law is a constitutional provision (Tenth Schedule), not a statutory law enacted by Parliament.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2025Statement-based questions, Institutional roles and functions

Consider the following statements: I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under ...

Indian PolityOpen question

Consider the following subjects under the Constitution of India: I. List I–Union List, in the Seventh Schedule II. Extent of the executive power of a State ...

Indian PolityOpen question
2025Multi-statement analysis, Conceptual understanding

Consider the following statements: I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under ...

Indian PolityOpen question

Consider the following subjects under the Constitution of India: I. List I–Union List, in the Seventh Schedule II. Extent of the executive power of a State ...

Indian PolityOpen question
2024Factual recall, Multi-statement analysis

The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages? 1. Konkani 2. Manipu...

Indian PolityOpen question
2021Conceptual understanding, Multi-statement analysis

We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

Indian PolityOpen question
2019Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question
2018Statement-based questions, Conceptual understanding

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

Indian PolityOpen question
2017Factual recall, Conceptual understanding

Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?

Indian PolityOpen question
2014Factual recall, Conceptual understanding

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

Indian PolityOpen question

Topic timeline

Indian Polity & Governance
Prelims 2014· Factual recall, Conceptual understanding

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

Open question
Prelims 2017· Factual recall, Conceptual understanding

Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?

Open question
Prelims 2018· Statement-based questions, Conceptual understanding

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

Open question
Prelims 2019· Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question
Prelims 2021· Conceptual understanding, Multi-statement analysis

We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

Open question
Prelims 2024· Factual recall, Multi-statement analysis

The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages? 1. Konkani 2. Manipu...

Open question
Prelims 2025· Statement-based questions, Institutional roles and functions

Consider the following statements: I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under ...

Open question

Consider the following subjects under the Constitution of India: I. List I–Union List, in the Seventh Schedule II. Extent of the executive power of a State ...

Open question
Prelims 2025· Multi-statement analysis, Conceptual understanding

Consider the following statements: I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under ...

Open question

Consider the following subjects under the Constitution of India: I. List I–Union List, in the Seventh Schedule II. Extent of the executive power of a State ...

Open question

A legislative tangle in Maharashtra

06 Jul 2026 · The Anti-Defection Law, enshrined in the Tenth Schedule, aims to prevent political instability caused by defections, but its application, particularly concerning party splits, mergers, and the discretionary powers of presiding officers, remains a subject of legal and political debate.

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Tenth Schedule of the Indian Constitution (Anti-Defection Law)

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Judicial Review of Executive/Policy Decisions

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