Tenth Schedule of the Constitution of India

E570629

The Tenth Schedule of the Constitution of India is the constitutional provision that lays down the anti-defection law, specifying when legislators can be disqualified for switching parties or defying party directives.

All labels observed (2)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf constitutional schedule
addedToConstitutionBy Constitution (Fifty-second Amendment) Act, 1985
aimsTo discourage opportunistic party switching by legislators
promote stability of governments
amendedBy Constitution (Ninety-first Amendment) Act, 2003
Ninety-first Amendment of the Constitution of India
appliesTo Members of Parliament
Members of State Legislative Assemblies
Members of State Legislative Councils
bindingOn all Houses of Parliament
all State Legislatures in India
constitutionalPosition forms part of the main body of the Constitution through a schedule
contains provisions on disqualification on ground of defection
containsException no disqualification in case of merger of political parties meeting specified conditions
country India
criticizedFor reducing scope for dissent within political parties
strengthening party leadership control over legislators
decisionAuthority Chairman of the Legislative Council
Chairman of the Rajya Sabha
Speaker of the Legislative Assembly
Speaker of the Lok Sabha
defines defection by legislators
effectiveFrom 1985
governs disqualification of legislators on ground of defection
interpretedBy Supreme Court of India
introducedBy Fifty-second Amendment of the Constitution of India
judicialHoldingInLandmarkCase Speaker’s decision under the Tenth Schedule is subject to judicial review
landmarkCase Kihoto Hollohan v. Zachillhu
legalEffect disqualification from membership of the House
vacation of seat on disqualification
legalStatus in force
originallyProvidedFor disqualification exemptions in case of splits by one-third of members
partOf Schedules to the Constitution of India
postAmendmentRule merger exception requires at least two-thirds of members of a legislature party
providesFor disqualification of a member who voluntarily gives up membership of the political party
disqualification of a member who votes or abstains contrary to party whip without prior permission
disqualification of a nominated member who joins a political party after a specified period
disqualification of an independent member who joins a political party after election
purpose to curb political defections by legislators
to provide grounds for disqualification of legislators on defection
relatedConcept floor crossing
party whip
political defection
scheduleNumber 10
shortDescription constitutional provision containing India’s anti-defection law
subjectMatter anti-defection law in India
yearIntroduced 1985

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

State Legislative Assemblies antiDefectionLawBasis Tenth Schedule of the Constitution of India
Constitution (Forty-second Amendment) Act, 1976 insertedSchedule Tenth Schedule
linked to: Tenth Schedule of the Constitution of India
Members of the Meghalaya Legislative Assembly antiDefectionLawUnder Tenth Schedule of the Constitution of India
Member of Parliament, Lok Sabha antiDefectionLawSource Tenth Schedule of the Constitution of India