Tenth Schedule
The "Anti-Defection Law" — disqualifies MPs/MLAs who defect from their party. · Articles 102(2) and 191(2)
Added by the 52nd Amendment (1985), this Schedule disqualifies a Member of Parliament or a state legislature from continuing to hold their seat if they voluntarily give up membership of the party that got them elected, or vote/abstain against their party's official direction ("whip") on a matter without prior permission — subject to a specific, narrow merger exception.
- The 91st Amendment (2003) removed an earlier loophole that let one-third of a party's legislators split off without penalty — now, a valid exception generally requires two-thirds of the party's members merging with another party.
- The Speaker (or Chairman, in the Rajya Sabha/state Council) decides defection disqualification questions — a role the Supreme Court has held is subject to judicial review, since Speakers themselves are often from the ruling party and face an obvious conflict of interest.
This is the law behind the "horse-trading" and government-toppling defection dramas you see in the news — it exists specifically to stop elected representatives from switching sides for personal gain after being elected on a particular party's ticket.
Related article
Disqualification of MPs generally, which the Tenth Schedule's defection ground plugs into
How courts have applied this
Adhikar is an independent citizen-awareness platform, not a Government of India website. This is a plain-English explanation for general information, not legal advice — always check the bare Constitution text (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.