The Tenth Schedule (anti-defection) of the Constitution

Solution

The Tenth Schedule to the Constitution, introduced by the 52nd Constitutional Amendment Act, 1985, lays down an exhaustive code governing political defections. Grounds for disqualification are limited to voluntary giving up of party membership or voting/abstaining against the party whip without authorization. The Supreme Court in Kihoto Hollohan v. Zachillhu (1992) held that the Speaker’s power under the Tenth Schedule is subject to judicial review, but the substantive grounds for disqualification cannot be expanded beyond the constitutional text. There is no constitutional recognition of “ideological realignment” as a defense against disqualification. Allowing such subjective exceptions would undermine party discipline and destabilize parliamentary democracy, which the anti-defection law seeks to protect.