In which Schedule of the Constitution of India, provisions as to disquali- fication on grounds of defection are given?

The correct answer is Tenth Schedule.

Key Points

• The Tenth Schedule of the Indian Constitution contains provisions related to disqualification of members on the grounds of defection.
• It was added to the Constitution in 1985 through the 52nd Amendment Act.
• The main objective of the Tenth Schedule is to prevent political defections prompted by the lure of office or other similar considerations.
• The Tenth Schedule is also known as the Anti-Defection Law.
• The decision on disqualification questions under the Tenth Schedule is taken by the Speaker or Chairman of the respective House.

Additional Information

• Anti-Defection Law:
  • It aims to provide stability to governments by discouraging legislators from changing parties.
  • It applies to both Parliament and state assemblies.
  • Legislators can be disqualified for voluntarily giving up membership of their party or voting/abstaining from voting contrary to the directives of their party.
• 52nd Amendment Act, 1985:
  • This act introduced the Tenth Schedule in the Constitution.
  • It aimed to curb the menace of political defections.
• Disqualification Process:
  • The process is initiated when a complaint is made by any member of the House to the Speaker or Chairman.
  • The decision of the Speaker/Chairman is subject to judicial review.
• Exceptions to Disqualification:
  • If a party merges with or into another party and two-thirds of its members agree to the merger.
  • If a member goes out of his party as a result of a merger.