Tenth Schedule

Provisions as to Disqualification on Ground of Defection

Articles 102(2) and 191(2)

The Tenth Schedule, popularly known as the Anti-Defection Law, was inserted by the Constitution (Fifty-second Amendment) Act, 1985. It lays down the grounds on which elected members of Parliament and State Legislatures can be disqualified for defection, such as voluntarily giving up membership of their political party or voting/abstaining contrary to a party whip without prior permission. It also covers disqualification of independent members who join a party after election and nominated members who join a party after six months. The Schedule grants the power to decide questions of disqualification to the Speaker or Chairman of the House concerned, subject to judicial review as clarified in Kihoto Hollohan v. Zachillhu (1992). It originally contained a 'split' exception (one-third of a legislative party) which was removed by the 91st Amendment (2003), while retaining protection for genuine 'mergers' involving two-thirds of party members. The law is significant for promoting political stability and curbing horse-trading, though it has been criticised for concentrating adjudicatory power in the presiding officer, who may not be neutral.

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