Topic 06 of 6 · Chapter 08 · Indian Polity
Anti-Defection Law & Chapter Quick Revision
10th Schedule, grounds for disqualification, exceptions, Kihoto Hollohan case, and complete Parliament chapter revision.
📋 In This Article
1. Background & Need
The problem of political defection — members switching parties after election — was rampant in Indian politics in the 1960s and 1970s. The phenomenon of “Aaya Ram Gaya Ram” (a Haryana MLA who changed parties multiple times in one day in 1967) highlighted the need for anti-defection legislation.
💡 Key Concept: The Anti-Defection Law was added to the Constitution by the 52nd Constitutional Amendment Act, 1985. It added the Tenth Schedule to the Constitution. The law aims to prevent political defections and ensure stability of governments.
2. 10th Schedule — Key Provisions
- Added by 52nd Amendment, 1985
- Applies to members of both Houses of Parliament and State Legislatures
- Applies to both elected and nominated members
- Disqualification is decided by the Chairman/Speaker of the respective House
3. Grounds for Disqualification
A member of Parliament or State Legislature is disqualified if:
| Ground | Description |
|---|---|
| Voluntary giving up of party membership | Member voluntarily gives up membership of the political party on whose ticket he was elected |
| Voting against party whip | Member votes or abstains from voting in the House contrary to the direction (whip) issued by his political party, without prior permission |
| Nominated member joining party | A nominated member joins a political party after the expiry of 6 months from the date he takes his seat in the House |
| Independent member joining party | An independently elected member joins a political party after his election |
⭐ Exam Tip: “Voluntarily giving up party membership” does NOT mean formal resignation from the party. Even conduct that implies giving up membership (like working against the party) can be treated as voluntary giving up of membership — as held in various cases.
4. Exceptions (When Disqualification Does NOT Apply)
- Merger: When at least 2/3rd of the members of a legislature party merge with another party. (Originally 1/3rd — changed by 91st Amendment, 2003)
- Speaker/Chairman election: A member who votes against his party in the election of the Speaker/Chairman of the House is not disqualified
- Speaker/Chairman acting as such: The Speaker or Chairman is not disqualified if he voluntarily gives up party membership after being elected to that office
✅ Remember: The 91st Amendment Act, 2003 changed the merger threshold from 1/3rd to 2/3rd. It also abolished the provision for exemption from disqualification in case of split (which was the original 1/3rd provision). Now only merger (2/3rd) is an exception.
5. Deciding Authority
- Questions of disqualification under the Tenth Schedule are decided by the Chairman of Rajya Sabha (for RS members) or the Speaker of Lok Sabha (for LS members)
- For State Legislatures: Speaker of the Legislative Assembly or Chairman of the Legislative Council
- The decision of the Speaker/Chairman is subject to judicial review (as held in Kihoto Hollohan case)
- However, courts will not interfere with the proceedings while they are pending before the Speaker/Chairman
📌 Note: The original 10th Schedule made the Speaker’s/Chairman’s decision final and not subject to judicial review. This provision was struck down by the Supreme Court in the Kihoto Hollohan case (1992) as it violated the basic structure of the Constitution (judicial review).
6. Kihoto Hollohan Case (1992)
This is the landmark Supreme Court judgment on the Anti-Defection Law:
- The Supreme Court upheld the validity of the Tenth Schedule
- Held that the Tenth Schedule does NOT violate the basic structure of the Constitution
- Struck down the provision making the Speaker’s/Chairman’s decision final and not subject to judicial review
- Held that the Speaker’s/Chairman’s decision IS subject to judicial review on grounds of mala fide, perversity, etc.
- However, courts will not interfere while proceedings are pending before the Speaker/Chairman
⭐ Exam Tip: Kihoto Hollohan (1992) = 10th Schedule upheld + Speaker’s decision subject to judicial review. This is a very frequently asked case in UPSC and state PSC exams.
7. Chapter Quick Revision — Parliament
| Topic | Key Fact |
|---|---|
| Lok Sabha strength | 543 elected (max 552); Art 81 |
| Rajya Sabha strength | 245 (max 250 = 238 + 12); Art 80 |
| LS tenure | 5 years; RS permanent (never dissolved) |
| LS Speaker | Elected by LS members; Art 93 |
| RS Chairman | VP of India (ex-officio); Art 89 |
| Quorum | 1/10th of total membership; Art 100 |
| Money Bill | Only in LS; Speaker certifies; RS delays 14 days; Art 110 |
| Joint Sitting | Art 108; presided by Speaker; only for ordinary bills |
| Constitutional Amendment | Art 368; special majority; no joint sitting |
| RS Special Powers | Art 249 (State List) and Art 312 (All India Services) |
| No-Confidence Motion | Only in Lok Sabha; 50 members needed |
| Question Hour | First hour; Zero Hour = 12 noon (informal) |
| PAC | 22 members; chaired by Opposition; examines CAG reports |
| Estimates Committee | 30 members; all from LS; largest committee |
| Anti-Defection | 10th Schedule; 52nd Amendment 1985; merger = 2/3rd |
| Kihoto Hollohan | 1992; 10th Schedule upheld; Speaker’s decision subject to judicial review |
8. Key Points for Exam
🔑 Must-Remember Facts
- Anti-Defection Law = 10th Schedule; added by 52nd Amendment, 1985
- Grounds: voluntarily giving up party membership; voting against party whip
- Exception: merger of 2/3rd members (changed from 1/3rd by 91st Amendment, 2003)
- Deciding authority: Speaker/Chairman of respective House
- Kihoto Hollohan (1992): 10th Schedule upheld; Speaker’s decision subject to judicial review
- “Aaya Ram Gaya Ram” — Haryana MLA Gaya Lal (1967) — triggered need for anti-defection law
- Nominated member can join party within 6 months of taking seat
- Independent member joining party after election = disqualification
- 91st Amendment 2003 also limited Council of Ministers to 15% of LS strength
- Speaker/Chairman acting as such — not disqualified for giving up party membership