UPSC Prelims Practice Questions — Meant to protect free speech, ‘merger’ now a defence for joining rival camp

Question 1

In the context of the Tenth Schedule, the expression 'voluntarily giving up membership' of a political party has been judicially interpreted to mean which one of the following?

Accepted Answer

It has a wider connotation and may be inferred from a member's conduct even without any formal resignation

Answer

It is confined to a member who formally tenders a written resignation from the party

Answer

It arises only when a member is formally expelled by the party leadership

Answer

It arises only when a member votes against the party whip inside the House

Question 2

The Tenth Schedule of the Constitution, containing the anti-defection provisions, was inserted by which one of the following constitutional amendments?

Accepted Answer

The 52nd Amendment Act, 1985

Answer

The 44th Amendment Act, 1978

Answer

The 61st Amendment Act, 1989

Answer

The 91st Amendment Act, 2003

Question 3

Under Paragraph 4 of the Tenth Schedule, the merger exception is available only when at least what proportion of the members of the legislature party concerned agree to the merger?

Accepted Answer

Two-thirds

Answer

One-half

Answer

One-third

Answer

Three-fourths

Question 4

For the merger exception under Paragraph 4 of the Tenth Schedule to be validly invoked in its classic 'twin-test' form, which one of the following is the foundational requirement?

Accepted Answer

The original political party must merge with another party and two-thirds of the legislature party must agree to that merger

Answer

Only two-thirds of the legislature party need agree, irrespective of any merger of the original party

Answer

A simple majority of the legislature party must agree to the merger

Answer

The Presiding Officer must first certify that the party has undergone a split

Question 5

After the deletion of the split defence, a question whether a member has become subject to disqualification on the ground of defection under the Tenth Schedule is decided by which one of the following authorities?

Accepted Answer

The Chairman or the Speaker of the House concerned

Answer

The Election Commission of India

Answer

The President or the Governor, as the case may be

Answer

A special bench of the Supreme Court of India

Question 6

The description of the Speaker/Chairman as a 'tribunal' while adjudicating defection cases under the Tenth Schedule primarily signifies which one of the following?

Accepted Answer

That the Presiding Officer discharges quasi-judicial functions and the resulting orders are subject to judicial review

Answer

That the Presiding Officer's decisions are final and not amenable to any judicial scrutiny

Answer

That the Presiding Officer must refer every disqualification petition to a bench of the High Court

Answer

That the decision must subsequently be ratified by a two-thirds majority of the House

Question 7

In the 2026 episode involving seven Aam Aadmi Party Rajya Sabha MPs and the BJP, the 'merger' invoked to escape disqualification was premised on which one of the following claims?

Accepted Answer

That two-thirds of AAP's Rajya Sabha members had agreed to merge, thereby satisfying the Paragraph 4 exception

Answer

That one-third of AAP's members had split away to form a separate group

Answer

That the entire Aam Aadmi Party organisation had dissolved into the BJP across the country

Answer

That the MPs had resigned their seats and been freshly re-elected on BJP tickets

Question 8

The Girish Chodankar litigation concerning the Goa Legislative Assembly centrally raises which one of the following questions under the Tenth Schedule?

Accepted Answer

Whether a merger of only the legislature party, without a merger of the original political party, is a valid defence under Paragraph 4

Answer

Whether a nominated member can be disqualified for joining a political party

Answer

Whether a Governor can override a Speaker's decision on a defection petition

Answer

Whether an independent MLA who joins the ruling party attracts disqualification

Question 9

Under the Tenth Schedule, a nominated member of the Rajya Sabha attracts disqualification on the ground of defection in which one of the following circumstances?

Accepted Answer

If the member joins a political party after the expiry of six months from the date of taking his seat

Answer

If the member joins any political party at any point after being nominated

Answer

If the member votes against the government on a money bill

Answer

If the member fails to join any political party within six months of nomination

UPSC Prelims Practice Questions — Meant to protect free speech, ‘merger’ now a defence for joining rival camp

Q1. In the context of the Tenth Schedule, the expression 'voluntarily giving up membership' of a political party has been judicially interpreted to mean which one of the following?

Q2. The Tenth Schedule of the Constitution, containing the anti-defection provisions, was inserted by which one of the following constitutional amendments?

Q3. Under Paragraph 4 of the Tenth Schedule, the merger exception is available only when at least what proportion of the members of the legislature party concerned agree to the merger?

Q4. For the merger exception under Paragraph 4 of the Tenth Schedule to be validly invoked in its classic 'twin-test' form, which one of the following is the foundational requirement?

Q5. After the deletion of the split defence, a question whether a member has become subject to disqualification on the ground of defection under the Tenth Schedule is decided by which one of the following authorities?

Q6. The description of the Speaker/Chairman as a 'tribunal' while adjudicating defection cases under the Tenth Schedule primarily signifies which one of the following?

Q7. In the 2026 episode involving seven Aam Aadmi Party Rajya Sabha MPs and the BJP, the 'merger' invoked to escape disqualification was premised on which one of the following claims?

Q8. The Girish Chodankar litigation concerning the Goa Legislative Assembly centrally raises which one of the following questions under the Tenth Schedule?

Q9. Under the Tenth Schedule, a nominated member of the Rajya Sabha attracts disqualification on the ground of defection in which one of the following circumstances?