Tenth Schedule and Anti-Defection Law
The Tenth Schedule was inserted into the Constitution by the Constitution (Fifty-Second Amendment) Act, 1985. It was enacted to address the phenomenon of "aaya ram gaya ram" politics — the practice of legislators switching parties frequently for personal gain. It applies to both Houses of Parliament and State Legislatures.
- Paragraph 2: A member is disqualified if they voluntarily give up membership of their original political party or vote/abstain contrary to party directions.
- Paragraph 4 (Merger Exception): A member is not disqualified where the merger involves not less than two-thirds of the members of the legislature party. The merger must be of the original political party — not just the legislature wing — with another party.
- Paragraph 6: The Speaker/Chairman of the House is the final authority to decide disqualification petitions; this decision is subject to judicial review.
- 91st Amendment Act, 2003: Deleted the "split" exemption (which previously protected one-third of legislators splitting off), leaving merger as the only valid exception to disqualification.
- The Tribunal-like role of the Speaker/Chairman has been criticised since they are often partisan figures.
● Tracked since April 27, 2026 · last seen July 27, 2026 · updates as the daily brief publishes
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