Anti-Defection Law: Tenth Schedule and Its Working

TOPIC CLASSIFICATION

Subject: Indian Polity & Governance Sub-area: Parliament, State Legislature - Tenth Schedule Difficulty: Medium Weightage: Moderate-High (1-2 Prelims + Mains on political stability)

EXAMINER REASONING

1. Trap: Thinking the Anti-Defection Law is a constitutional amendment (it is - 52nd Amendment, 1985, added Tenth Schedule).
2. Most confused: Speaker vs Governor vs President - who decides disqualification? (Speaker/Chairman of the House).
3. Key anchor: Tenth Schedule, Constitution of India - provides grounds for disqualification on defection.
4. Current affairs hook: Maharashtra political crisis (2022-24); Eknath Shinde - disqualification petitions pending; cross-voting in 2024 Rajya Sabha elections.
5. Mains hinge: "The Anti-Defection Law has failed to prevent defections and has instead curbed dissent within parties. Critically examine."

Core Concept

The Tenth Schedule (52nd Amendment Act, 1985) was added to combat the growing problem of political defections. It provides for disqualification of MPs/MLAs on grounds of defection.

Grounds for Disqualification (Paragraph 2)

1. Voluntarily giving up membership of political party
2. Voting/abstaining from voting contrary to party whip - unless condoned within 15 days
3. Independent member - joining a political party after election
4. Nominated member - joining a political party after 6 months

Exceptions...