Question map
Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > EVALUATION OF THE ACT > p. 598
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > PROVISIONS OF THE ACT > p. 597
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
PROVENANCE & STUDY PATTERN
Full viewThis 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.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- 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.
- 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.
- 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.
- [THE VERDICT]: Sitter. Direct hit from Laxmikanth, Chapter 'Schedules of the Constitution' or 'Anti-Defection Law'.
- [THE CONCEPTUAL TRIGGER]: The '12 Schedules' list. This is a finite list that requires rote memorization, not conceptual analysis.
- [THE HORIZONTAL EXPANSION]: Memorize the distractors: 2nd Schedule (Emoluments/Salaries of President, Judges, etc.); 5th Schedule (Scheduled Areas administration, excluding AMTM); 8th Schedule (22 Official Languages). Also, link 10th Schedule to the 52nd Amendment (1985) and the 91st Amendment (2003).
- [THE STRATEGIC METACOGNITION]: Do not rely on reading the chapter text alone. Create a 'Lookup Table' of Schedules 1–12, the Amendment that added them (for 9-12), and the specific Articles they reference. Use mnemonics like 'TEARS OF OLD PM' to recall the sequence instantly.
Multiple references identify the Tenth Schedule as the constitutional location of anti-defection provisions and disqualification rules.
High-yield for UPSC: knowing which Schedule contains major political/legislative provisions (like anti-defection) is commonly tested. Connects to questions on party discipline, legislative disqualification, and constitutional amendments. Prepare by memorising key Schedules and their major subjects and practising past prelims questions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > EVALUATION OF THE ACT > p. 598
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > PROVISIONS OF THE ACT > p. 597
Evidence notes the First Fifty-Second (52nd) Amendment (1985) added a new Tenth Schedule detailing anti-defection disqualification.
Important for linking constitutional amendments to substantive changes (how anti-defection entered the Constitution). UPSC often asks about landmark amendments and their effects; study amendment numbers, years, and key outcomes together for recall.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > APPENDIX IV Constitutional Amendments at a Glance > p. 721
References describe that disqualification under the Tenth Schedule is decided by Speaker/Chairman, with Election Commission opinion and subject to judicial review (Kihoto Hollohan case reference).
Crucial for mains and ethics: mechanisms of enforcement and checks (role of Speaker, EC, and courts) are frequently examined. Master procedural aspects and landmark cases; connect to separation of powers and judicial review topics.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
The 'Merger' Exception: While the 10th Schedule disqualifies defectors, it allows a merger if at least two-thirds (2/3) of the members of the legislative party agree. (Note: The 91st Amendment, 2003 deleted the provision protecting a 'split' by 1/3 members).
The 'Foundational vs. Reform' Logic: Schedules 1–8 were part of the original 1950 Constitution dealing with structural basics (Territory, Oaths, Salaries, Languages). Anti-defection is a political reform to cure a later problem ('Aaya Ram Gaya Ram'). Therefore, it must be in the added schedules (9, 10, 11, 12). Options A, B, and C are original schedules. Option D (10th) is the only 'added' schedule listed.
GS-2 (Parliament & State Legislatures): Connect the 10th Schedule to the 'Role of the Speaker'. The Speaker's decision on disqualification is quasi-judicial and subject to Judicial Review (Kihoto Hollohan case, 1992). This is a frequent Mains theme regarding the neutrality of the Speaker.