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Question

Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

The correct answer is

Tenth Schedule

Understanding Schedules of the Constitution of India

The Constitution of India has several Schedules which are essentially lists or tables that contain details which are not included in the main Articles of the Constitution. These Schedules cover various aspects of governance, administration, and rights. The question asks about the Schedule that specifically deals with provisions related to anti-defection.

Anti-Defection Law and the Tenth Schedule

The anti-defection law in India is designed to prevent Members of Parliament and State Legislatures from switching parties. This law was introduced to bring stability to governments by discouraging political defections. The provisions regarding this law are contained in one specific Schedule of the Constitution.

Let's examine the options provided:

  • Second Schedule: This Schedule contains provisions relating to the salaries, allowances, and privileges of important constitutional functionaries like the President, Governors, Speakers of Lok Sabha and State Assemblies, Judges of the Supreme Court and High Courts, Comptroller and Auditor General, etc. It does not deal with anti-defection.
  • Fifth Schedule: This Schedule contains provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. It is concerned with tribal welfare and governance in specific areas, not anti-defection.
  • Eighth Schedule: This Schedule lists the official languages recognized by the Constitution of India. Currently, it lists 22 languages. It has no connection to the anti-defection law.
  • Tenth Schedule: This Schedule was added to the Constitution by the 52nd Amendment Act, 1985. It contains provisions for disqualification of members of Parliament and State Legislatures on the grounds of defection. This is precisely the Schedule related to the anti-defection law.

Therefore, the Schedule of the Constitution of India that contains provisions regarding anti-defection is the Tenth Schedule.

Key Schedules of the Indian Constitution
Schedule Subject Matter
Second Schedule Salaries, allowances, and privileges of constitutional authorities
Fifth Schedule Administration and control of Scheduled Areas and Scheduled Tribes
Eighth Schedule List of recognized languages
Tenth Schedule Provisions for disqualification on grounds of defection (Anti-Defection Law)

Revision Table: Indian Constitution Schedules

Here is a quick look at the schedules mentioned in the question:

Schedule Number Focus
Second Emoluments, Allowances, Privileges
Fifth Scheduled Areas and Scheduled Tribes Administration
Eighth Official Languages
Tenth Anti-Defection Provisions

Additional Information on Anti-Defection Law

The Tenth Schedule, often referred to as the Anti-Defection Law, was enacted to combat the problem of political defections which were destabilizing governments. The law specifies the circumstances under which a Member of Parliament or state legislature can be disqualified from their membership on the grounds of defection. These circumstances include voluntarily giving up membership of the political party or voting/abstaining from voting contrary to the party's direction without prior permission.

The final authority to decide on the disqualification of a member under the Tenth Schedule rests with the presiding officer of the House (Speaker in Lok Sabha and State Assemblies, Chairman in Rajya Sabha and State Legislative Councils).

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Important Questions from Schedules of Constitution

  1. Which one among the following pairs of Subjects and Lists under the Seventh Schedule of the Constitution of India is not correctly matched ?
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