by Q. Consider the following statements:
UPSC Civil Services Examination (Prelims) 2025 – General Studies Paper I
Which of the statements given above is/are correct?
(a) I only
(b) II only
(c) Both I and II
(d) Neither I nor II
Answer: (d) Neither I nor II
Explanation:
The Tenth Schedule of the Indian Constitution, popularly known as the Anti-Defection Law, was inserted through the 52nd Amendment in 1985. Its primary purpose is to curb political defections by legislators, which can destabilize governments and undermine the mandate of the electorate. The Schedule specifies the grounds on which Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) can be disqualified for defection, including voluntarily giving up membership of a political party or voting/abstaining against party directions in the House.
Statement I is incorrect. The Tenth Schedule clearly states that any question of disqualification under the law is to be decided by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, or the respective Speaker/Chairman in the case of State Legislatures. The President or Governor has no role in this process. This is a key distinction from disqualifications under Articles 102 and 191, where the President or Governor acts on the advice of the Election Commission to determine disqualification due to issues like holding an office of profit, bankruptcy, or criminal conviction.
Statement II is also incorrect. The term “political party” is explicitly mentioned in the Tenth Schedule. The law emphasizes the role of political parties in maintaining discipline and defining the scope of defection. For instance, a member is liable for disqualification if they voluntarily give up membership of the party on whose ticket they were elected, or if they defy the party whip during voting in the legislature. While the Constitution does not define “political party” in general, the Schedule refers to recognized parties as per the Election Commission of India, thereby giving a constitutional basis to the party-centric approach in disqualification.
Additional Points:
The Tenth Schedule also allows exemptions in cases of merger, where two-thirds of the members of a legislative party agree to merge with another party, protecting collective decisions.
Judicial review of the Speaker’s or Chairman’s decision is limited, but the courts can intervene if there is a violation of constitutional principles or mala fide exercise of power.
In essence, the Anti-Defection Law was designed to strengthen party discipline, prevent opportunistic defections, and ensure stability in government, while carefully balancing the powers of the legislature, political parties, and the judiciary.
Answer: (d) Neither I nor II
