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Q49 (IAS/2014) Polity & Governance › Parliament › Anti-defection law Official Key

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

Result
Your answer:  ·  Correct: D
Explanation

The Tenth Schedule of the Constitution embodies the anti-defection law and is designed to prevent the evil or mischief of political defections motivated by the lure of office or material benefits or other similar considerations.[1] It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections.[1]

The Tenth Schedule contains provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection.[2] The Constitution lays down that a person shall be disqualified for being a member of either House of state legislature if he/she is so disqualified on the ground of defection under the provisions of the Tenth Schedule.[3]

Therefore, the correct answer is the Tenth Schedule, which was added to the Constitution through the 52nd Amendment Act, 1985.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > EVALUATION OF THE ACT > p. 598
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > PROVISIONS OF THE ACT > p. 597
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
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Q. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? [A] Second Schedule [B]…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a 'Gatekeeper Question'—a sitter that 99% of serious aspirants will get right. Getting this wrong is statistically fatal for your Prelims chances. It validates the strategy that before chasing niche current affairs, you must have the static Polity basics (Schedules, Parts, Amendments) memorized verbatim.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Which Schedule of the Constitution of India contains provisions regarding anti-defection?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > EVALUATION OF THE ACT > p. 598
Presence: 5/5
“~EVALUATION OF THE ACT The Tenth Schedule of the Constitution (which embodies the anti-defection law) is designed to prevent the evil or mischief of political defections motivated by the lure of office or material benefits or other similar considerations. It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections. Rajiv Gandhi, the then Prime Minister, described it as the 'first step towards cleaning-up public life'.”
Why this source?
  • Explicitly states: 'The Tenth Schedule of the Constitution (which embodies the anti-defection law)'.
  • Directly links the anti-defection law to the Tenth Schedule, making this a primary source for the statement.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > PROVISIONS OF THE ACT > p. 597
Presence: 5/5
“t PROVISIONS OF THE ACT The Tenth Schedule contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection:”
Why this source?
  • States that 'The Tenth Schedule contains the following provisions with respect to the disqualification of members... on the ground of defection'.
  • Clearly identifies the Tenth Schedule as the location of provisions governing defection/disqualification.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
Presence: 4/5
“However, he/ she should obtain the opinion of the Election Commission and act accordingly. Disqualification on Ground of Defection The Constitution also lays down that a person shall be disqualified for being a member of either House of state legislature if he/ she is so disqualified on the ground of defection under the provisions of the Tenth Schedule. The question of disqualification under the Thnth Schedule is decided by the Chairma n, in the case of legislative council and, Speaker, in the case of legislative assembly (and not by the governor). In Kilo Hololum case 6 (1992), the supreme court ruled that the decision of Chairman/Speaker in this regard is subject to judicial review.”
Why this source?
  • Affirms that disqualification on ground of defection is under the provisions of the Tenth Schedule.
  • Describes procedural aspects (Speaker/Chairman decisions and judicial review) tied to Tenth Schedule disqualification.
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SIMILAR QUESTIONS

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Which one of the following Schedules of the Constitution of India contains provisions regarding Anti-Defection Act?

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