Why this matters now
The 52nd Amendment’s Tenth Schedule is the most-tested anti-defection material in UPSC. Its provisions have been refined by the 91st Amendment (2003) and tested in Kihoto Hollohan v. Zachillhu (1992), Ravi Naik (1994), and the more recent Karnataka and Maharashtra cases.
Background: “Aaya Ram Gaya Ram”
Between 1967 and 1971 alone, India saw over 2,000 defections in state assemblies. The term “Aaya Ram Gaya Ram” was coined for Gaya Lal, a Haryana MLA who changed parties three times in 24 hours (1967). Ministries fell on a daily basis; legislatures became horse-traded markets. The need for a defection law was self-evident.
The Tenth Schedule (key paragraphs)
| Paragraph | Provision |
|---|---|
| Para 2 (a) | Member of a political party is disqualified if he voluntarily gives up membership of his party. |
| Para 2 (b) | Member disqualified if he votes / abstains contrary to the party whip (without prior permission & no condonation within 15 days). |
| Para 3 (REMOVED in 2003) | Originally permitted SPLIT of 1/3rd or more of a legislature party — removed by the 91st Amendment (2003). |
| Para 4 | Merger of 2/3rd or more members exempt from disqualification. |
| Para 5 | Speaker / Deputy Speaker exempt if their separation is for the office. |
| Para 6 | Decision by Speaker / Chairman, whose decision is final. |
Kihoto Hollohan v. Zachillhu (1992)
In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Tenth Schedule but added two important checks:
- Paragraph 7 (bar on judicial review of disqualification) was struck down — the Speaker’s decision IS judicially reviewable.
- The Speaker, while deciding disqualification, acts as a tribunal — not a political authority.
UPSC angle
Know 52nd Amendment 1985 — Tenth Schedule introduced by Rajiv Gandhi after “Aaya Ram Gaya Ram” defections (Gaya Lal 1967, ~2000 defections 1967-71); Para 2 voluntary giving up + party whip violation; Para 3 split (1/3rd) provision REMOVED by 91st Amendment (2003); Para 4 merger (2/3rd) retained; Para 6 Speaker decides; Kihoto Hollohan (1992) struck down Para 7 and made Speaker’s decision judicially reviewable.
Frequently asked questions
What is the Tenth Schedule?
The Anti-Defection schedule of the Constitution, introduced by the 52nd Amendment in 1985.
Who decides a defection disqualification?
The Speaker (Lok Sabha / Vidhan Sabha) or the Chairman (Rajya Sabha / Vidhan Parishad).
What was the “split” loophole?
Original Paragraph 3 allowed a 1/3rd split of a legislature party to escape disqualification. It was removed by the 91st Amendment in 2003.
Is the Speaker’s decision final?
Per Kihoto Hollohan (1992), the Speaker acts as a tribunal; the decision is subject to judicial review.