UPSC Prelims Practice Questions — A brewing storm over ‘defections’
Q1. As of January 2026, against how many of the ten BRS MLAs facing defection petitions has the Telangana Assembly Speaker dismissed disqualification proceedings?
- A. Five
- B. Six
- C. Seven
- D. Ten
Q2. In the jurisprudence of the Tenth Schedule, the expression 'voluntarily giving up the membership of his political party' has been authoritatively interpreted to mean that it:
- A. requires a formal letter of resignation from the legislator to the party
- B. can be inferred from the conduct of the legislator and does not require a formal resignation
- C. requires a public declaration by the legislator before the Election Commission of India
- D. requires a majority resolution of the party's legislature wing recognising the defection
Q3. Consider the following statements regarding the Anti-Defection Law in India:
1. The Tenth Schedule was inserted in the Constitution by the 52nd Constitutional Amendment Act, 1985.
2. The Speaker's order on a disqualification petition under the Tenth Schedule is final and not subject to judicial review.
3. The 91st Constitutional Amendment Act, 2003 raised the threshold for a protected 'merger' from one-third to two-thirds of the legislature party.
4. The Anti-Defection Law applies only to members of Parliament and not to members of State Legislatures.
Which of the statements given above is/are correctly identified?
- The Tenth Schedule was inserted in the Constitution by the 52nd Constitutional Amendment Act, 1985.
- The Speaker's order on a disqualification petition under the Tenth Schedule is final and not subject to judicial review.
- The 91st Constitutional Amendment Act, 2003 raised the threshold for a protected 'merger' from one-third to two-thirds of the legislature party.
- The Anti-Defection Law applies only to members of Parliament and not to members of State Legislatures.
- A. 1 and 3 only
- B. 2 and 4 only
- C. 1, 2 and 3
- D. 1, 3 and 4
Q4. Which one of the following is the leading Supreme Court judgment that, while upholding the constitutional validity of the Tenth Schedule, established that the Speaker's order on a disqualification petition is subject to judicial review?
- A. Ravi S. Naik v Union of India (1994)
- B. Kihoto Hollohan v Zachillhu (1992)
- C. Nabam Rebia v Deputy Speaker (2016)
- D. Subhash Desai v Principal Secretary, Governor of Maharashtra (2023)
Q5. With reference to changes brought about by the 91st Constitutional Amendment Act, 2003 to the anti-defection regime created in 1985, consider the following statements:
1. The pre-existing exception which protected a split by one-third of the legislators of a party from disqualification was abolished.
2. The threshold for a protected merger of a legislature party was raised from one-half to two-thirds of its members.
3. A disqualified member was barred from being appointed as a Minister or holding a remunerative political post for the remainder of the term.
Which of the statements given above is/are correct?
- The pre-existing exception which protected a split by one-third of the legislators of a party from disqualification was abolished.
- The threshold for a protected merger of a legislature party was raised from one-half to two-thirds of its members.
- A disqualified member was barred from being appointed as a Minister or holding a remunerative political post for the remainder of the term.
- A. 1 and 2 only
- B. 1 and 3 only
- C. 2 and 3 only
- D. 1, 2 and 3