Defection as merger
The Tenth Schedule (anti-defection law) and its loopholes are frequently tested in both Prelims and Mains. The 91st Constitutional Amendment (2003) strengthening it, the role of the Speaker, and judicial interpretations are key GS II topics. Real-world cases like the Shiv Sena split make abstract constitutional provisions exam-relevant and essay-worthy.
Key facts
- Tenth Schedule (anti-defection law) was added to the Constitution by the 52nd Constitutional Amendment Act, 1985.
- The 91st Constitutional Amendment Act, 2003 removed the provision allowing one-third split as valid defection; now requires merger of at least two-thirds of members.
- Merger provision under Para 4 of Tenth Schedule: at least two-thirds of members of a legislative party must merge with another party to avoid disqualification.
- Six Shiv Sena (UBT) MPs recently defected to the Eknath Shinde faction, raising questions about whether this qualifies as a 'merger'.
- The Speaker/Chairman decides disqualification petitions under the Tenth Schedule, but their decisions are subject to judicial review (Kihoto Hollohan case, 1992).
- Critics argue the merger loophole is being used to engineer 'splits' that hollow out the anti-defection law's intent.
The Tenth Schedule of the Constitution, or the anti-defection law, is being hollowed out by unprincipled politics. The law was strengthened in 2003, but its legal validity is contested, and the practice of engineered splits is gathering pace. The recent defection of six Shiv Sena (UBT) MPs to the Eknath Shinde faction is a case in point.
Concepts to know
Added by the 52nd Amendment (1985), it provides for disqualification of members of Parliament and state legislatures on grounds of defection. It aims to curb political instability caused by floor-crossing.
Amended the Tenth Schedule to remove the provision allowing one-third split as a defence against disqualification; now only a merger of at least two-thirds of members with another party is valid.
Landmark Supreme Court case that upheld the constitutional validity of the Tenth Schedule but ruled that the Speaker's decisions are subject to judicial review on grounds of mala fide or perversity.
The 'merger' provision that exempts legislators from disqualification if at least two-thirds of the legislative party merges with another political party — this is the loophole frequently exploited in engineered splits.
The presiding officer of the Lok Sabha or State Legislative Assembly who acts as the sole adjudicating authority for disqualification petitions under the Tenth Schedule, raising concerns about impartiality when the Speaker belongs to the ruling party.
The parent amendment that introduced the Tenth Schedule into the Constitution, establishing the anti-defection law to curb the menace of political defections that caused instability in governments.
Linked previous-year questions
The UPSC questions this story connects to.
With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any timeframe within which the presiding officer has to decide a defection case. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only
- b.2 only ✓
- c.Both 1 and 2
- d.Neither 1 nor 2
Polity · UPSC 2022Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (a) Second Schedule (b) Fifth Schedule (c) Eighth Schedule (d) Tenth Schedule
- a.Second Schedule
- b.Fifth Schedule
- c.Eighth Schedule
- d.Tenth Schedule ✓
Polity · UPSC 2014Consider the following statements: 1. The Election Commission of India is a five member body. 2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 3. Election Commission resolves the disputes relating to splits/ mergers of recognized political parties. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 2 and 3 only (d) 3 only
- a.1 and 2 only
- b.2 only
- c.2 and 3 only
- d.3 only ✓
Polity · UPSC 2017Which one of the following schedules of the Constitution of India contains provisions regarding the anti-defection Act? (a) Second Schedule (b) Fifth Schedule (c) Eighth Schedule (d) Tenth Schedule
- a.Second Schedule
- b.Fifth Schedule
- c.Eighth Schedule
- d.Tenth Schedule ✓
Polity · UPSC 1998Match List-I with List-II and select the correct answer. List-I (Committee) A. Disinvestment of shares in Public Sector Enterprises B. Industrial Sickness C. Tax Reforms D. Reforms in Insurance Sector List-II (Chaired by) 1. Rajah Chelliah 2. Omkar Goswami 3. R.N. Malhotra 4. C. Rangarajan (a) A-1, B-4, C-2, D-3 (b) A-4, B-2, C-1, D-3 (c) A-4, B-1, C-2, D-3 (d) A-1, B-3, C-4, D-2
- a.A-1, B-4, C-2, D-3
- b.A-4, B-2, C-1, D-3 ✓
- c.A-4, B-1, C-2, D-3
- d.A-1, B-3, C-4, D-2
Economy · UPSC 1997Assertion (A): Partition of Bengal in 1905 brought to an end the moderates' role in the Indian freedom movement. Reason (R): The Surat session of Indian National Congress separated the Extremists from the Moderates. (a) Both A and R are true and R is the correct explanation of A (b) Both A and R are true but R is not a correct explanation of A (c) A is true but R is false (d) A is false but R is true
- a.Both A and R are true and R is the correct explanation of A
- b.Both A and R are true but R is not a correct explanation of A
- c.A is true but R is false
- d.A is false but R is true ✓
History · UPSC 1998
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