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.

All labels observed (2)

How this entity was disambiguated

Statements (47)

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

How these facts were elicited

Referenced by (4)

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 ⓘ
Constitution (Forty-second Amendment) Act, 1976 → insertedSchedule → Tenth Schedule ⓘ
linked to: Tenth Schedule of the Constitution of India
Members of the Meghalaya Legislative Assembly → antiDefectionLawUnder → Tenth Schedule of the Constitution of India ⓘ
Member of Parliament, Lok Sabha → antiDefectionLawSource → Tenth Schedule of the Constitution of India ⓘ