In which Schedule of the Constitution of India, provisions as to disqualification on grounds of defection are given?
- (a)Ninth Schedule
- (b)Tenth Schedule
- (c)Eleventh Schedule
- (d)Sixth Schedule
Correct — B, Tenth Schedule. The provisions for disqualifying members of Parliament and the State Legislatures on the ground of defection are contained in the Tenth Schedule, added to the Constitution by the 52nd Amendment Act, 1985. It empowers the presiding officer (Speaker or Chairman) to decide questions of defection.
- (a)Ninth Schedule — The Ninth Schedule (added by the 1st Amendment, 1951) lists laws — mainly land-reform laws — protected from being struck down for violating fundamental rights. It has nothing to do with defection.
- (c)Eleventh Schedule — The Eleventh Schedule (added by the 73rd Amendment, 1992) lists the 29 subjects devolved to the Panchayats. It does not deal with defection.
- (d)Sixth Schedule — The Sixth Schedule provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram through Autonomous District Councils — unrelated to defection.
The anti-defection law aims to curb political defections by disqualifying legislators who voluntarily give up membership of their party or defy the party whip. It was introduced by the 52nd Constitutional Amendment Act, 1985, which inserted the Tenth Schedule into the Constitution.
Remember the schedules by the amendment that added them: the 52nd Amendment gave the Tenth Schedule (anti-defection), while the 73rd and 74th Amendments (1992) gave the Eleventh (Panchayats) and Twelfth (Municipalities) Schedules. The Ninth Schedule is the older 'protected laws' list, and the Sixth Schedule is about tribal-area administration.
- Tenth Schedule = anti-defection law; added by the 52nd Amendment Act, 1985.
- Questions of disqualification are decided by the presiding officer (Speaker / Chairman).
- Ninth Schedule (1st Amendment, 1951) = laws immune from judicial review for violating fundamental rights.
- Eleventh Schedule (Panchayats, 29 subjects) and Twelfth Schedule (Municipalities, 18 subjects) were added by the 73rd and 74th Amendments (1992).
Disqualification on the ground of defection sits in the Tenth Schedule (option B).
- Mixing up the Ninth (protected laws), Tenth (anti-defection), Eleventh (Panchayats) and Twelfth (Municipalities) Schedules.
- Assuming the anti-defection decision lies with a court rather than the presiding officer.
Asked directly ('which Schedule contains the anti-defection provisions') or as a Schedule-to-subject matching item.
Which one of the following Schedules of the Constitution of India contains provisions regarding the Anti-Defection Act?
- (a) Second Schedule
- (b) Fifth Schedule
- (c) Eighth Schedule
- (d) Tenth Schedule
Answer(d) Tenth Schedule
The identical fact — UPSC prelims 1998 asked which Schedule holds the anti-defection provisions, and the answer is the Tenth Schedule, exactly as in this NDA question.
- practice — not a real PYQ
The anti-defection provisions were added to the Constitution by which amendment?
- (a)42nd Amendment, 1976
- (b)44th Amendment, 1978
- (c)52nd Amendment, 1985
- (d)61st Amendment, 1989
Answer(c) 52nd Amendment, 1985 — it inserted the Tenth Schedule.
- practice — not a real PYQ
Under the Tenth Schedule, questions of disqualification on the ground of defection are decided by:
- (a)the President
- (b)the Supreme Court
- (c)the Election Commission
- (d)the presiding officer of the House
Answer(d) the presiding officer of the House (Speaker / Chairman).