Tenth Schedule
Anti-Defection Law
The Tenth Schedule was inserted into the Constitution by the Constitution (Fifty-Second Amendment) Act, 1985, to curb the phenomenon of political defections that had destabilised governments throughout the 1970s and early 1980s. It applies to members of both Houses of Parliament and of State Legislatures.
- Paragraph 2(1)(a): A member is disqualified if they "voluntarily give up the membership" of the political party on whose ticket they were elected.
- Paragraph 2(1)(b): A member is disqualified if they vote or abstain contrary to any direction issued by their political party without prior permission.
- Paragraph 4 (Merger Exception): Disqualification does not apply if the merger of the original political party is effected with another party, provided not less than two-thirds of the members of the legislature party have agreed to the merger.
- Paragraph 6: The Speaker or Chairman of the relevant House is the sole adjudicatory authority on disqualification — decisions are final subject only to judicial review.
- 91st Constitutional Amendment Act, 2003: Deleted the earlier "split" exception (Paragraph 3, which had allowed one-third of members to split without disqualification) — only the merger exception survives today.
● Tracked since February 04, 2026 · last seen August 25, 2026 · updates as the daily brief publishes
25 Aug '26
SC takes up Abhishek Banerjee’s plea seeking action against 20 rebel TMC MPs
Polity & Governance
24 Aug '26
Abhishek Banerjee seeks SC direction on disqualification of 20 TMC MPs
Polity & Governance
24 Jun '26
Speaker Birla to decide on TMC, Sena (UBT) defections before Monsoon Session
Polity & Governance
11 Jun '26
Fair and square: On the Tamil Nadu Speaker, MLAs, disqualification proceedings
Polity & Governance
12 May '26
Gauhati HC strikes down NC Hills Autonomous Council's anti-defection law
Polity & Governance
26 Apr '26
Disqualify all seven defecting MPs, AAP says in petition to Rajya Sabha Chairman
Polity & Governance
Plus 1 earlier mentions since February 04, 2026.
Polity & Governance
Kihoto Hollohan v. Zachillhu (1992)
Polity & Governance
Merger Exception
Polity & Governance
*Kihoto Hollohan v. Zachillhu* (1992)
Polity & Governance
Article 102(2) and the Rajya Sabha Chairman as Adjudicator
Polity & Governance
Criticisms and Reform Proposals for the Tenth Schedule
Polity & Governance
91st Constitutional Amendment Act, 2003
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