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Tenth Schedule: the anti-defection law and resignation of legislators

By CAShorts DeskPublished Sources: Constitution of India (Tenth Schedule; Articles 101, 190); Rajya Sabha at Work; Supreme Court judgments; ANI; Bar & Bench; The South First

Why in news: On 13 October 2026, the Madras High Court held that accepting MLAs' resignations does not end disqualification petitions pending against them under the Tenth Schedule.

Tenth Schedule: the anti-defection law and resignation of legislators
Illustration (AI-generated)

The Tenth Schedule, added by the 52nd Amendment in 1985, disqualifies a legislator who voluntarily leaves the party or defies its whip, and makes the Speaker or Chairman the judge. Resignation under Articles 101(3)(b) and 190(3)(b) is a separate route. On 13 October 2026, the Madras High Court held that accepting resignations does not end pending disqualification petitions.

Syllabus: GS2 · Constitution; Prelims · Polity & Governance; GS2 · Parliament & State Legislatures

Why this matters for UPSC

GS2 polity: Parliament and State Legislatures and constitutional amendments. Prelims asks the grounds of disqualification, the merger exception, Article 361B, Article 190(3)(b) and Kihoto Hollohan; Mains asks whether the Speaker should judge defection.

In short

The Tenth Schedule, inserted by the 52nd Amendment in 1985, disqualifies legislators who defect; resignation under Articles 101(3)(b) and 190(3)(b) is a separate exit from the House.

How a defection case runsDefies the partywhipSpeaker as tribunalThree-month limitJudicial review

The Tenth Schedule curbs lone floor-crossing, but its force depends on a quick, impartial arbiter; an independent tribunal and time limits would supply both.

Why it matters

A voter who picks a candidate for a party's programme expects that member to stay with it. The Tenth Schedule enforces that expectation: a legislator who switches sides or defies the whip loses the seat, so governments cannot be toppled by buying a handful of members before a confidence vote. The weak point is the judge. The Speaker who decides is usually a party member, and petitions can lie undecided for years while defectors keep their seats. Resignation offers another exit: a member can resign, join a new party and win again. The issue is how to keep elected majorities stable without silencing honest dissent.

Prelims pointers

  • Articles 102(2) and 191(2): a member of Parliament or a State Legislature disqualified under the Tenth Schedule loses the seat.
  • Paragraph 2: independents may not join a party after election; nominated members may join one within six months of taking their seat.
  • Paragraph 5: the Speaker and Deputy Speaker, the Council of States' Deputy Chairman, and a Legislative Council's Chairman or Deputy Chairman may leave their party on election without disqualification.
  • Paragraph 6(2): defection proceedings are deemed proceedings in Parliament under Article 122, or in the State Legislature under Article 212.
  • Article 101(3)(b) and Article 190(3)(b): a seat falls vacant when the presiding officer accepts a written resignation; one not voluntary or genuine must be refused.
  • Article 361B (91st Amendment, 2003): a disqualified defector cannot hold a remunerative political post until the term ends or re-election.
  • Utkal Keshari Parida (2013): a disqualification petition by a party president who was not a member of the Assembly was held maintainable.
  • Ravi S. Naik (1994): voluntarily giving up party membership may be inferred from conduct, not only from a formal resignation.

Practise a UPSC-style question

With reference to the Tenth Schedule to the Constitution of India, consider the following statements:

1. An independent member who joins a political party within six months of election escapes disqualification.

2. A nominated member who joins a political party after six months of taking the seat is disqualified.

Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2
Show the answer

Answer: (b) 2 only

1 is incorrect: an independent member is disqualified on joining any political party after the election; the six-month window applies only to nominated members. 2 is correct: under paragraph 2(3), a nominated member who joins a party after six months from taking the seat is disqualified.

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