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.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Tenth Schedule of the Constitution of the Constitution of India | 0 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf | constitutional schedule ⓘ |
| addedToConstitutionBy | Constitution (Fifty-second Amendment) Act, 1985 NERFINISHED ⓘ |
| aimsTo |
discourage opportunistic party switching by legislators
ⓘ
promote stability of governments ⓘ |
| amendedBy |
Constitution (Ninety-first Amendment) Act, 2003
NERFINISHED
ⓘ
Ninety-first Amendment of the Constitution of India NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ Speaker of the Legislative Assembly ⓘ Speaker of the Lok Sabha NERFINISHED ⓘ |
| defines | defection by legislators ⓘ |
| effectiveFrom | 1985 ⓘ |
| governs | disqualification of legislators on ground of defection ⓘ |
| interpretedBy | Supreme Court of India NERFINISHED ⓘ |
| introducedBy | Fifty-second Amendment of the Constitution of India NERFINISHED ⓘ |
| judicialHoldingInLandmarkCase | Speaker’s decision under the Tenth Schedule is subject to judicial review ⓘ |
| landmarkCase | Kihoto Hollohan v. Zachillhu NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| 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 ⓘ |
Referenced by (1)
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
ⓘ