A legislative tangle in Maharashtra
The Tenth Schedule (Anti-Defection Law) and its grey areas are perennially tested in UPSC Mains GS II. The Maharashtra political crisis involving the Shiv Sena and NCP splits has raised critical constitutional questions about majority thresholds for merger, the Speaker's neutrality, and the Supreme Court's role in defection cases. This case is a live case study for questions on constitutional morality, coalition politics, and judicial intervention.
Key facts
- Tenth Schedule was added to the Constitution by the 52nd Constitutional Amendment Act, 1985.
- A legislator is disqualified if they voluntarily give up party membership or vote against party whip.
- Originally, the Schedule allowed a split if at least one-third members defected; this provision was deleted by the 91st Amendment Act, 2003.
- The 91st Amendment now requires at least two-thirds of the party's legislators to merge with another party to avoid disqualification.
- The Speaker of the House is the adjudicating authority for disqualification petitions under the Tenth Schedule.
- In the Nabam Rebia case (2016), the Supreme Court held that a Speaker facing a removal notice cannot decide disqualification petitions.
The Tenth Schedule of the Constitution deals with the provisions of the disqualification of legislators. However, the recent defections in Maharashtra have raised questions about the grey areas in the schedule.
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.
Colloquial term for the Tenth Schedule provisions that disqualify legislators who defect from their party; designed to ensure party discipline and government stability.
The Speaker of the Lok Sabha or State Assembly is the sole adjudicating authority for defection cases, but this has been criticised for lack of impartiality as the Speaker is often a party member.
Supreme Court ruling that a Speaker against whom a removal notice is pending cannot adjudicate disqualification petitions, highlighting the conflict of interest inherent in the Speaker's role.
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.
Linked previous-year questions
The UPSC questions this story connects to.
Match List-I with List-II and select the correct answer using the codes given below the lists: List–I (Amendments to the Constitution) List–II A. The Constitution (Sixty-ninth Amendment) Act, 1991 1. Establishment of state level Rent Tribunals B. The Constitution (Seventy-fifth Amendment) Act, 1994 2. No reservations for Scheduled Castes in Panchayats in Arunachal Pradesh C. The Constitution (Eightieth Amendment) Act, 2000 3. Constitution of Panchayats in Villages or at other local level D. The Constitution (Eighty-third Amendment) Act, 2000 4. Accepting the recommendations of the Tenth Finance Commission 5. According the status of National Capital Territory to Delhi (a) A-5, B-1, C-4, D-2 (b) A-1, B-5, C-3, D-4 (c) A-5, B-1, C-3, D-4 (d) A-1, B-5, C-4, D-2
- a.A-5, B-1, C-4, D-2 ✓
- b.A-1, B-5, C-3, D-4
- c.A-5, B-1, C-3, D-4
- d.A-1, B-5, C-4, D-2
Polity · UPSC 2001Consider the following statements: With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule 1. the State Government loses its executive power in such areas and a local body assumes total administration 2. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor Which of the statements given above is/are correct? (a) I only (b) II only (c) Both I and II (d) Neither I nor II
- a.I only
- b.II only
- c.Both I and II
- d.Neither I nor II ✓
Polity · UPSC 2025The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India? 1. Right to healthy environment, construed as a part of Right to life under Article 21. 2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1). 3. Powers and functions of Gram Sabha as mentioned under Article 243(A). Select the correct answer using the codes given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
- a.1 only ✓
- b.2 and 3 only
- c.1 and 3 only
- d.1, 2 and 3
Polity · UPSC 2012Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/ her in the performance of duties of his/her office of President before the date of decision become invalid. 2. Elections for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place. 3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/ she has to declare his/her assent. How many of the above statements are correct? (a) Only one (b) Only two (c) All three (d) None
- a.Only one
- b.Only two
- c.All three
- d.None ✓
Polity · UPSC 2023Consider the following statements: 1. The Constitution of India has 20 parts. 2. There are 390 Articles in the Constitution of India in all. 3. Ninth, Tenth, Eleventh and Twelfth Schedules were added to the Constitution of India by the Constitution (Amendment) Acts. Which of the statements given above is/are correct? (a) 1 and 2 (b) 2 only (c) 3 only (d) 1, 2 and 3
- a.1 and 2
- b.2 only
- c.3 only ✓
- d.1, 2 and 3
Polity · UPSC 2005Consider the following statements: 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it. 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 2018
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