Jun 28, 2025
10
mins read
The 10th Schedule of the Indian Constitution, also known as the Anti-Defection Law, plays a significant role in regulating the behavior of elected representatives in India. Introduced by the 52nd Amendment Act of 1985, this schedule was created to curb political instability caused by frequent defections. The primary objective is to ensure that elected members adhere to the principles and ideologies of their political parties, thus maintaining stability and discipline in the legislature.
The law applies to both the Lok Sabha and the Rajya Sabha, as well as to the legislative assemblies and councils in the states.
The law also ensures that the political party's strength in the legislature remains intact, preventing instability in government formation.
In this article, we will delve into the key provisions of the 10th Schedule, its origins, amendments, criticisms, reforms and its impact on Indian politics, particularly in preventing defections and ensuring party loyalty.
The 52nd Amendment Act of 1985 added the 10th Schedule to the Indian Constitution, specifically to curb the problem of political instability caused by the frequent switching of parties by elected representatives. Before this amendment, defections were a common occurrence, and political parties often faced difficulty in maintaining stability in their governments.
For example, the phrase ‘Aaya Ram – Gaya Ram’ implied frequent floor crossing by legislators in the party, which was developed by Haryana MLA Gaya Lal in 1967. He changed his party thrice in a fortnight from Congress to United Front back to Congress and then within nine hours to United Front again.
Curbing money power: the perceived need to curb the corrupting influence of money and power on politicians and to ensure that politicians were accountable to the voters who elected them.
The 52nd Amendment aimed to disqualify elected members who switched parties and acted against their party’s interests. Over the years, the amendment has undergone further revisions, including the 91st Amendment Act, which introduced stricter provisions for disqualification of members who defect.
Table of content
The primary purpose of the anti-defection law is to:
Maintain party discipline by preventing defections for personal gain.
Ensure that elected representatives remain committed to their party ideology.
Promote political stability by reducing the frequency of defections and no-confidence motions.
Protect voters’ electoral mandates by preventing elected members from changing allegiance after elections.
It is designed to keep elected members accountable to their parties and the electorate, ensuring that political decisions reflect the will of the people.
Disqualification Grounds:
Voluntary resignation from the political party.
Voting or abstaining against the party’s directive without prior permission and not condoned within 15 days.
Independent members joining a political party post-election.
Nominated members joining a political party after six months of taking their seat.
Exceptions:
Merger: If a party merges with another and two-thirds of its members agree, defecting members are not disqualified.
Presiding Officers: Speakers or Chairpersons who resign or rejoin their party after holding office are exempt from disqualification.
Decision-Making Authority:
The Speaker or Chairman of the House decides on disqualification matters.
Their decision is subject to judicial review, as per the Supreme Court ruling in the 1992 Kihoto Hollohan case.
Rule-Making Power:
Presiding Officers can formulate rules to implement the Tenth Schedule.
They can initiate defection cases only upon receiving complaints from members.
Role of Whip:
The whip ensures party members vote according to the party’s directive.
Defying the whip without valid reasons can lead to disqualification under the anti-defection law.
The anti-defection law schedule has made a profound impact on political party dynamics in India. It has:
Promoted loyalty among party members, reducing instances of opportunistic defection.
Encouraged alliances and pre-poll coalitions, as parties seek to avoid defections after elections.
Led to strategic party planning, where leaders are more careful about their party’s internal decisions to avoid conflicts.
The law has, however, also led to instances where political parties can restrict free choice of their elected representatives, raising debates about the law’s impact on democracy.
Curbing Dissent:
The law restricts legislators from following their conscience, potentially limiting their ability to stand up for beliefs or represent the interests of their constituents.
Lack of Intra-Party Democracy:
It incentivizes parties to control and punish members who dissent, discouraging free speech and preventing MPs from raising issues unpopular with party leadership.
Fragmentation of Parties:
Politicians, fearing disqualification under the anti-defection law schedule, may form smaller factions or join new parties, leading to a fragmented political landscape and unstable governance.
Undermining Representative Democracy:
The law is sometimes misused to coerce or discipline members for political gain, eroding public trust in the political system.
Controversial Role of the Speaker:
The law’s provisions are often vague and give the Speaker or Chairman the final say on defection cases, with no judicial review, leading to concerns about fairness and transparency.
The 52nd Amendment Act was instrumental in introducing the anti defection law schedule. Its core aim was to bring stability to Indian politics and reduce the negative impact of political defections. By laying down specific grounds for disqualification and detailing the procedures for defectors, the amendment has shaped the behavior of both lawmakers and political parties.
Ministerial Limits:
The total number of ministers in the Central Council of Ministers (including the Prime Minister) must not exceed 15% of the Lok Sabha strength.
The number of ministers in a state Council of Ministers (including the Chief Minister) is also capped at 15% of the Legislative Assembly strength, with a minimum of 12 ministers.
Disqualification of Defectors:
A member disqualified under the 10th schedule for defection cannot be appointed as a minister, whether at the central or state level.
Remunerative Political Posts:
Defectors are disqualified from holding any remunerative political post as per the anti-defection law schedule.
Deletion of Split Provision:
The provision allowing defectors protection in case of a one-third split within a party was removed. Defectors no longer have immunity based on party splits.
The landmark judgment in Kihoto Hollohan v. Zachillhu (1992) by the Supreme Court of India addressed the constitutional validity of the 10th Schedule (Anti-Defection Law) introduced by the 52nd Amendment Act of 1985. The case consolidated various petitions challenging the provisions of the Tenth Schedule, particularly the finality clause and the role of the Speaker in disqualification matters.
Key Highlights:
Judicial Review: The Court upheld the Tenth Schedule but declared Paragraph 7 unconstitutional, which sought to bar judicial review of disqualification decisions. The Court emphasized that the Speaker's decisions are subject to judicial scrutiny under Articles 32 and 226 of the Constitution.
Doctrine of Severability: The Court applied the doctrine of severability, invalidating only Paragraph 7 while preserving the rest of the Tenth Schedule.
Role of the Speaker: The Court recognized the Speaker's authority to decide on disqualification matters but stressed the need for judicial oversight to prevent potential bias.
Constitutional Amendment Procedure: The judgment reinforced the necessity of adhering to the constitutional amendment procedures, highlighting the basic structure doctrine.
United Kingdom:
No law preventing party defections or independency.
Political parties may expel defectors, and they could face backlash from voters in future elections.
United States:
No law prohibiting political defections or independence.
Defectors may face backlash in elections and challenges from within their parties during primaries.
Other Countries:
Canada, France, Australia, Germany, and Italy have no laws against political defection, similar to the anti-defection law seen in the Tenth Schedule of Indian Constitution.
Decision by President/Governor:
2nd ARC: Disqualification on grounds of defection should be decided by the President or Governor, based on advice from the Election Commission.
Raising Threshold for Defections:
The threshold for disqualification should be raised from one-third to two-thirds or three-fourths of members, reducing defections and party splits.
Allowing Defections in Specific Cases:
Defections should be allowed when a party merges with another or when a member is expelled from their party.
Independent Authority for Disqualification:
The role of the Speaker in disqualification cases should be removed and replaced with an independent body, like the Election Commission.
Allowing Independents to Join Parties:
Independent members should be allowed to join political parties without facing disqualification under the anti-defection law schedule.
Time Frame for Disqualification Decisions:
The Supreme Court has suggested that the Speaker should decide on disqualification petitions under the 10th Schedule within three months.
This case is pivotal for understanding the judicial interpretation of the Anti-Defection Law and its implications on the balance of power between the legislature and the judiciary. It is frequently cited in UPSC examinations, especially in the context of constitutional law and parliamentary procedures.
Q. Consider the following statements: (UPSC Prelims 2025)
If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final.
There is no mention of the word ‘political party’ in the Constitution of India.
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.
Q. The noble purpose of the anti-defection law is to bring stability to governments. However, it is sometimes said to be against the true spirit of democracy. Discuss. (150 Words) - UPSC Mains 2021
Q. What is the role of the Whip in the Anti-Defection Law?
A.The Whip is an essential tool in maintaining party discipline under the 10th Schedule of Indian Constitution. It is a directive issued by the political party to its members, instructing them on how to vote on a particular issue. Failure to comply with the Whip without prior consent can result in disqualification under the Anti-Defection Law.
Q.How does Judicial Oversight affect the Anti-Defection Law or 10th Schedule?
A.The judicial interpretation of the Anti-Defection Law under the 10th Schedule of the Indian Constitution has been pivotal in ensuring fairness in its application. The Presiding Officer, responsible for disqualifying members for defection, is subject to judicial review. The Supreme Court has clarified the provisions of the law, striking a balance between maintaining party discipline and protecting the rights of elected members. Schedule 10 of the Constitution of India thus upholds the integrity of the law, making sure that the disqualification process remains transparent and just.
Q. How does the anti-defection law protect electoral mandates?
A.The law ensures that elected representatives stay loyal to the party they were elected under, preserving the electoral mandate and the public's trust.
Q. Can a member be disqualified for voting against the party?
A.Yes, a member can be disqualified for voting against the party’s direction, especially if they violate the party’s whip during important votes.
The 10th Schedule of the Indian Constitution plays a crucial role in maintaining political stability in India. While the law has been successful in reducing defections, its application continues to spark debates about party discipline and individual rights. As political dynamics evolve, continuous reforms may be necessary to strike the right balance between stability and freedom of expression for elected representatives
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