UPSC IAS - 2014

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

Year Asked: 2014

A
Second Schedule
B
Fifth Schedule
C
Eighth Schedule
D
Tenth Schedule

Correct Answer

D. Tenth Schedule

Detailed Explanation

The correct answer is D) Tenth Schedule. It was inserted by the 52nd Amendment Act, 1985, and sets out the anti-defection law. A legislator who voluntarily gives up membership of the party on whose ticket they were elected, or who defies a party whip in certain votes, can be disqualified under Articles 102(2) and 191(2).

  • A) Second Schedule lists salaries and allowances of the President, Governors, Speaker, Deputy Speaker, judges of the Supreme Court and High Courts, and the CAG.
  • B) Fifth Schedule deals with administration and control of Scheduled Areas and Scheduled Tribes outside Assam, Meghalaya, Tripura and Mizoram, which are covered by the Sixth Schedule.
  • C) Eighth Schedule lists the languages recognised by the Constitution. It now has 22.

Core concept: the anti-defection law protects the stability of elected governments against party-hopping. The 91st Amendment (2003) removed the old split provision and allowed only a merger backed by two-thirds of the legislature party. Kihoto Hollohan (1992) upheld the law but made the Speaker's decision subject to judicial review. This is a standard Mains theme on electoral integrity and the role of presiding officers.

Trap: candidates confuse the Tenth Schedule with the Ninth Schedule, which protects certain laws from judicial review, or assume the Speaker's decision is beyond the courts.

This question appeared in UPSC Prelims 2014 GS Paper-1.

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