Anti-Defection Law Practice Questions

Correct answer: Tenth Schedule

The Tenth Schedule was inserted into the Constitution in 1985 to prevent political defections. It lays down the process by which legislators may be disqualified on grounds of defection.

Correct answer: The Speaker of the Lok Sabha

Any question regarding disqualification arising out of defection is to be decided by the Presiding Officer of the House. In the case of the Lok Sabha, this authority rests with the Speaker.

Correct answer: Six months

A nominated member has a window of six months to join a political party after taking their seat. If they join a party after this six-month period, they face disqualification under the Tenth Schedule.

Correct answer: Two-thirds of the members must agree to the merger

The 91st Amendment Act of 2003 increased the requirement for a valid merger from one-third to two-thirds. This was done to make it harder for groups of legislators to defect under the guise of a split.

Correct answer: Join any political party after the election

An independent candidate is elected based on their individual identity. If they join any political party after the election, they are disqualified from the House under the Anti-Defection Law.

Correct answer: Kihoto Hollohan Case

In the Kihoto Hollohan case (1992), the Supreme Court ruled that the Speaker functions as a tribunal when deciding defection cases. Therefore, their decisions are subject to judicial review on grounds of mala fides or perversity.

Correct answer: If they defy the party whip without permission

Defying a party 'whip' by voting against the party's direction (or abstaining) leads to disqualification unless the party condones the act within 15 days. This ensures party discipline in the legislature.

Correct answer: Provision regarding a 'split' exemption

The 91st Amendment removed the protection previously granted to a 'split' where one-third of members could leave a party. Now, only a 'merger' involving two-thirds of the members is recognized as a valid exemption.

Correct answer: Barred from Ministerial posts until re-election or term end

According to the 91st Amendment, a person disqualified under the Anti-Defection Law is also disqualified from being appointed as a Minister or holding any remunerative political post until their term expires or they are re-elected.

Correct answer: No, they remain a member but are treated as 'unattached'

The law deals with 'voluntary giving up' of membership or defying a whip. If a party expels a member, the member does not lose their seat in the House automatically; they are typically treated as an 'unattached' member.

Correct answer: If they become Speaker or Chairman and quit their party

To maintain the neutrality of the office, the Speaker or Chairman of a House is permitted to resign from their party upon election to the post and rejoin it after they demit office without being disqualified.

Correct answer: Members of a Municipal Corporation

The Tenth Schedule applies specifically to members of Parliament and State Legislatures. Defection in local bodies like Municipalities is governed by specific state laws, not the Tenth Schedule of the Constitution.

Correct answer: 15 days

If a member votes or abstains contrary to party directions, the disqualification is waived if the political party condones the action within 15 days from the date of such voting or abstention.

Correct answer: Y.B. Chavan Committee

Following the frequent floor-crossing in the late 1960s (famously known as the 'Aaya Ram Gaya Ram' era), a committee under the chairmanship of Home Minister Y.B. Chavan was set up in 1967 to consider the problem of political defections.

Correct answer: No, a complaint must be made by another member of the House

The Speaker or Chairman cannot act on their own. A petition or complaint must be filed by a member of the House alleging that another member has incurred disqualification under the Tenth Schedule.

Correct answer: A member elected by the House decides the case

The Tenth Schedule provides that if a question arises as to whether the Speaker or Chairman has become subject to disqualification, the question shall be referred to a member of the House elected by that House for a decision.

Correct answer: Formal resignation or conduct implying resignation

The Court has ruled that 'voluntarily giving up membership' is wider than formal resignation. A member's conduct outside the House (e.g., campaigning for another party) can be interpreted as giving up membership.

Correct answer: To ensure stability and curb unethical floor-crossing

The law was enacted to bring stability to the parliamentary system by discouraging legislators from changing parties for personal gain or office, which often led to the collapse of governments.

Correct answer: No specific time limit is prescribed

The Tenth Schedule does not specify a time frame for the Speaker to decide. However, the Supreme Court recently suggested in the Keisham Meghachandra Singh case that such petitions should ideally be decided within three months.

Correct answer: It was legal if at least one-third split away

Prior to 2003, if one-third of the members of a legislative party broke away, it was considered a 'split' and they were not disqualified. This provision was removed because it encouraged bulk defections.

Correct answer: Tenth Schedule

The Anti-Defection Law is provided in the Tenth Schedule. It was added by the 52nd Constitutional Amendment Act, 1985. It deals with disqualification of members on grounds of defection.

Correct answer: Defy the party whip

A member is disqualified for voluntarily giving up party membership, or for voting or abstaining contrary to the party's whip without prior permission that isn't condoned within 15 days. This provision under the Tenth Schedule is meant to preserve party discipline and prevent opportunistic floor-crossing.

Correct answer: Kihoto Hollohan

In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court held that the Speaker's order under the Tenth Schedule is subject to judicial review, though courts can intervene only after the Speaker has passed a final order. The ruling curtailed what had earlier been treated as the Speaker's unchallengeable authority in defection cases.

Correct answer: Join a political party

An independent (non-party) legislator is disqualified under the Tenth Schedule if they join a political party after being elected, since this contradicts the basis on which they sought a mandate. Simply voting against the government or abstaining does not by itself trigger disqualification for an independent.

Correct answer: 6 months

A nominated member can join a party within 6 months. After that, joining a party leads to disqualification. This ensures stability.

Correct answer: 91st Amendment

The 91st Amendment Act, 2003 removed the split provision. Earlier, one-third members could split. This change aimed to prevent misuse.

Correct answer: Two-thirds members

A merger of the original political party with another party is recognized as valid under the Tenth Schedule only if at least two-thirds of that party's legislators agree to it. This threshold distinguishes a genuine, party-sanctioned merger from an individual or minority defection.

Correct answer: 15 days

The party must condone the defiance within 15 days. Otherwise, the member faces disqualification. This ensures timely action.

Correct answer: No, expulsion alone is not defection

Expulsion from a party by itself does not amount to disqualification under the Tenth Schedule, since defection requires a member to voluntarily give up membership or defy the party whip. However, courts have held that an expelled member is still treated as belonging to their original party for the purposes of the anti-defection law.

Correct answer: Merger of the parties

A merger is treated as an exception to disqualification, provided at least two-thirds of the party's legislators agree to it. This allows for legitimate, large-scale political realignment while still penalizing individual or small-group defections.

Correct answer: No, only on petition

Proceedings on defection are generally initiated only when a petition is presented to the Speaker or Chairman by another member; the presiding officer does not ordinarily investigate or act on their own initiative. This keeps the process complaint-driven rather than discretionary.

Correct answer: Deputy Speaker decides

If a disqualification petition is filed against the Speaker (or Chairman) personally, the matter is instead decided by the Deputy Speaker (or Deputy Chairman) to avoid the presiding officer sitting in judgment on their own case.

Correct answer: Judges

The Tenth Schedule governs elected MPs and MLAs as well as nominated members of the House; judges belong to the judiciary, not the legislature, and therefore fall entirely outside its scope.

Correct answer: Must resign immediately

A minister who is disqualified under the Tenth Schedule loses their seat in the House, and since holding ministerial office requires being a sitting member, they must also vacate the ministerial post. This prevents a disqualified legislator from continuing to exercise executive power.

Correct answer: No fixed time limit

Neither the Tenth Schedule nor the Constitution prescribes a deadline by which the Speaker must decide a disqualification petition, and this gap has let some Speakers delay rulings for political advantage. Courts, including the Supreme Court, have urged Speakers to decide such petitions within a reasonable time, but no binding time limit exists in law.

Correct answer: Party discipline

The Anti-Defection Law is aimed chiefly at enforcing party discipline by penalizing legislators who defy their party's whip or switch allegiance after election. It does not directly address federalism, judicial independence, or the separation of powers.

Correct answer: Law against floor-crossing

The Tenth Schedule was enacted to check 'floor-crossing' -- legislators switching parties after being elected on one party's ticket -- by disqualifying members who defect, in order to bring stability to elected governments. It is not primarily an anti-corruption, judicial, or election law.