Which one of the following Schedule of the Constitution of India contains provisions regarding Anti-defection Act ?
Tenth Schedule
The anti-defection provisions are in the Tenth Schedule — option 4.
How it came about. The Tenth Schedule was added by the 52nd Constitutional Amendment Act, 1985, during Rajiv Gandhi’s government, after two decades in which legislators changed sides so freely that the phrase Aya Ram Gaya Ram — from a Haryana MLA who crossed the floor three times in a fortnight in 1967 — entered the language.
The grounds of disqualification.
| Member | Disqualified if |
|---|---|
| Member of a political party | He voluntarily gives up membership of the party, or votes or abstains contrary to the party whip without permission and without the whip condoning it within fifteen days |
| Independent member | He joins any political party after the election |
| Nominated member | He joins a political party more than six months after taking his seat |
Who decides. The Speaker or Chairman of the House, whose decision is subject to judicial review since Kihoto Hollohan (1992).
The exception. Originally there were two, a split of one-third and a merger of two-thirds. The 91st Amendment, 2003 deleted the split exception, since it had simply institutionalised organised defection, and only a merger supported by two-thirds of the legislature party now protects the members concerned.
The other Schedules named.
| Schedule | Contents |
|---|---|
| Second | Emoluments and privileges of the President, Governors, Speakers, judges and the CAG |
| Fifth | Administration of Scheduled Areas and Scheduled Tribes |
| Eighth | The 22 official languages |
| Tenth | Anti-defection |
Note that the Sixth Schedule, often confused with the Fifth, covers the tribal areas of Assam, Meghalaya, Tripura and Mizoram through autonomous district councils.
Hence, the answer is the Tenth Schedule.
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