Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

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UPSC Civil Services (Prelims) Exam GS Official Paper-I (Held On: 24 Aug 2014)
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  1. Second Schedule
  2. Fifth Schedule
  3. Eighth Schedule
  4. Tenth Schedule

Answer (Detailed Solution Below)

Option 4 : Tenth Schedule
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Detailed Solution

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The correct answer is the Tenth Schedule.

Key Points

  • The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.
  • It deals with the Anti defection law i.e, provisions as to disqualification on the ground of defection.
  • Decision on questions as to disqualification on the ground of detection:-
    • If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final
    • Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final.

Additional Information

Schedules in Indian Constitution

Schedule Feature
First Names of states and UTs and their territorial jurisdiction and extent.
Second Provisions of allowances, privileges, emoluments of President of India, Governors, Speakers and Deputy Speakers of the Lok Sabha and Legislative Assembly, Chairman and Deputy Chairman of the Rajya Sabha and Legislative Council, Supreme Court and High Court judges, Comptroller and Auditor-General of India. 
Third Oath and affirmation for Union and States Ministers of India, Candidates for election to the Parliament and State Legislature, Members of Parliament and State Legislature, Supreme Court and High Court judges.
Fourth Contains the provisions in relation to the allocation of seats for States and Union Territories in the Rajya Sabha.
Fifth Contains provisions in relation to the administration and control of scheduled areas and scheduled tribes.
Sixth Contains provisions in relation to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
Seventh Union, State, and Concurrent list
Eighth 22 official languages
Ninth It deals with the state acts and regulations related to land reforms.
Tenth Provisions relating to the disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Constitutional Amendment Act of 1985.
Eleventh

Provisions that specify the powers, authority, and responsibilities of Panchayats. It has 29 subjects.

Twelfth Provisions that specify the powers, authority, and responsibilities of Municipalities. It has 18 subjects.

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