UPSC Prelims Practice Questions — SC seeks Centre’s reply on plea over anti-defection law

Q1. Consider the following statements comparing the Constitution (Fifty-second Amendment) Act, 1985 with the Constitution (Ninety-first Amendment) Act, 2003: 1. The Tenth Schedule was inserted into the Constitution by the 1985 amendment, while the ceiling on the size of the Council of Ministers at 15% of the strength of the House was introduced by the 2003 amendment. 2. The bar on a legislator disqualified for defection being appointed a Minister was introduced by the 1985 amendment, whereas the merger exemption was added only by the 2003 amendment. 3. The exemption available to a 'split' by one-third of the members of a legislature party formed part of the Tenth Schedule as originally enacted in 1985 and was deleted by the 2003 amendment. Which of the statements given above is/are correct?

  1. The Tenth Schedule was inserted into the Constitution by the 1985 amendment, while the ceiling on the size of the Council of Ministers at 15% of the strength of the House was introduced by the 2003 amendment.
  2. The bar on a legislator disqualified for defection being appointed a Minister was introduced by the 1985 amendment, whereas the merger exemption was added only by the 2003 amendment.
  3. The exemption available to a 'split' by one-third of the members of a legislature party formed part of the Tenth Schedule as originally enacted in 1985 and was deleted by the 2003 amendment.
  • A. 1 and 3 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q2. The deletion of the 'split' exemption from the Tenth Schedule in 2003 was carried out on the recommendation of which one of the following?

  • A. The Dinesh Goswami Committee on Electoral Reforms, which held that the split provision had been misused to engineer multiple divisions in parties
  • B. The Y.B. Chavan Committee, whose advice was acted upon to curb multiple divisions engineered within political parties
  • C. A committee headed by Pranab Mukherjee, which held that the split provision had been grossly misused to engineer multiple divisions in parties
  • D. The Law Commission of India in its 170th Report, which favoured retaining the merger exemption while deleting the split exemption

Q3. With reference to the exemption from disqualification available under the Tenth Schedule as it stands today, consider the following: 1. A legislator may be held to have voluntarily given up membership of his political party on the basis of his conduct alone, without having tendered any resignation. 2. Where a merger is claimed under Paragraph 4, those members of the legislature party who decline to join the merger and remain with the original party are also protected from disqualification. 3. A merger under Paragraph 4 takes effect only after it has been certified by the Election Commission of India, before which the Presiding Officer may not act upon it. 4. Since the amendment of 2003, merger is the only exemption by which a defecting legislator may escape disqualification. Which of the above is/are correctly identified?

  1. A legislator may be held to have voluntarily given up membership of his political party on the basis of his conduct alone, without having tendered any resignation.
  2. Where a merger is claimed under Paragraph 4, those members of the legislature party who decline to join the merger and remain with the original party are also protected from disqualification.
  3. A merger under Paragraph 4 takes effect only after it has been certified by the Election Commission of India, before which the Presiding Officer may not act upon it.
  4. Since the amendment of 2003, merger is the only exemption by which a defecting legislator may escape disqualification.
  • A. 1 and 3
  • B. 2 and 4
  • C. 3 and 4 only
  • D. 1, 2 and 4

Q4. Consider the following statements comparing the 'split' exemption as it stood before 2003 with the 'merger' exemption as it stands now: 1. The 2003 amendment deleted the split exemption and simultaneously raised the merger threshold from two-thirds to three-fourths of the members of the legislature party. 2. Before 2003, a group amounting to not less than one-third of the members of a legislature party could claim protection as a split, without merging into any other party. 3. Since 2003, a claim of merger supported by two-thirds of the legislators is conclusive under the Tenth Schedule and can never be examined by any court. Which of the statements given above is/are correct?

  1. The 2003 amendment deleted the split exemption and simultaneously raised the merger threshold from two-thirds to three-fourths of the members of the legislature party.
  2. Before 2003, a group amounting to not less than one-third of the members of a legislature party could claim protection as a split, without merging into any other party.
  3. Since 2003, a claim of merger supported by two-thirds of the legislators is conclusive under the Tenth Schedule and can never be examined by any court.
  • A. 1 and 2 only
  • B. 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q5. While issuing notice in July 2026 on the petition challenging the 'deemed merger' interpretation of Paragraph 4, the Supreme Court Bench indicated that the shortcomings of the anti-defection law are properly to be addressed by which one of the following?

  • A. The Election Commission of India, which alone is empowered to determine every question of merger arising under the Tenth Schedule
  • B. The Presiding Officers of the Houses, whose decisions under the Tenth Schedule are final and wholly beyond judicial scrutiny
  • C. Parliament, which may cure the defects by amending the provisions of the Tenth Schedule to the Constitution
  • D. A Constitution Bench of at least seven judges, which must necessarily hear every challenge relating to a Schedule of the Constitution

Q6. In the petition on which the Supreme Court sought the Centre's response in July 2026, the expression 'deemed merger' refers to which one of the following?

  • A. A merger taken on record by the Election Commission when two rival factions of a recognised party agree to reunite under a common election symbol
  • B. A merger treated as having taken place for the purposes of the Tenth Schedule once not less than two-thirds of the members of the legislature party agree to it
  • C. A merger presumed to have occurred when a political party omits to issue any whip to its legislators for two consecutive sessions of the House
  • D. A merger of two political parties approved by the Presiding Officer after it has been ratified by three-fourths of the members of both the parties

Q7. Under the Tenth Schedule, the Presiding Officer of a House deciding a question of disqualification on the ground of defection is best described as—

  • A. an authority exercising the ordinary disciplinary powers of the House, whose decision may be revisited by the House itself upon a substantive motion
  • B. a delegate of the Election Commission of India, bound to decide the question in conformity with the opinion given by the Commission on a reference
  • C. an authority functioning as a tribunal, whose decision is amenable to judicial review by the High Courts and the Supreme Court on limited grounds
  • D. an authority functioning as a tribunal, whose decision is nonetheless final and immune from judicial review, that bar continuing to operate in the Schedule

Q8. Consider the following statements comparing the position under the Tenth Schedule before and after the Supreme Court's judgment of 1992 in Kihoto Hollohan: 1. As originally enacted, the Tenth Schedule contained a provision ousting the jurisdiction of courts in respect of matters connected with disqualification on the ground of defection. 2. After the judgment, courts may interfere in disqualification proceedings only once the Presiding Officer has passed an order, and not at an intermediate stage. 3. The judgment transferred the power to decide disqualification petitions from the Presiding Officer to the Election Commission of India. Which of the statements given above is/are correct?

  1. As originally enacted, the Tenth Schedule contained a provision ousting the jurisdiction of courts in respect of matters connected with disqualification on the ground of defection.
  2. After the judgment, courts may interfere in disqualification proceedings only once the Presiding Officer has passed an order, and not at an intermediate stage.
  3. The judgment transferred the power to decide disqualification petitions from the Presiding Officer to the Election Commission of India.
  • A. 1 and 2 only
  • B. 1 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q9. Consider the following statements about proposals for reform of the anti-defection law: 1. The Dinesh Goswami Committee on Electoral Reforms recommended confining disqualification to a member voluntarily giving up membership of his party and to voting against the party whip in respect of a confidence or no-confidence motion. 2. The Law Commission of India, in its 170th Report on electoral reforms, recommended the deletion of both the split and the merger provisions. 3. Both these bodies recommended that a legislator who votes against any direction of his party on any matter whatsoever must necessarily be disqualified. Which of the statements given above is/are correct?

  1. The Dinesh Goswami Committee on Electoral Reforms recommended confining disqualification to a member voluntarily giving up membership of his party and to voting against the party whip in respect of a confidence or no-confidence motion.
  2. The Law Commission of India, in its 170th Report on electoral reforms, recommended the deletion of both the split and the merger provisions.
  3. Both these bodies recommended that a legislator who votes against any direction of his party on any matter whatsoever must necessarily be disqualified.
  • A. 1 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q10. The Dinesh Goswami Committee proposed that a question of disqualification arising on the ground of defection should be determined by which one of the following?

  • A. The Presiding Officer of the House concerned, after obtaining the written opinion of the Attorney General for India on the point
  • B. A special bench of the High Court of the State concerned, on a reference made to it by the Presiding Officer of the House
  • C. The Chairman of the Council of States and the Speaker of the House of the People acting jointly for both Houses of Parliament
  • D. The President or the Governor, as the case may be, acting on the advice of the Election Commission of India

Q11. In April 2026, the Chairman of the Rajya Sabha took on record a merger under Paragraph 4 of the Tenth Schedule by which members of the Aam Aadmi Party in that House were treated as having merged with the Bharatiya Janata Party. How many Aam Aadmi Party members of the Rajya Sabha were covered by that merger?

  • A. Five
  • B. Six
  • C. Seven
  • D. Ten

Q12. With reference to the regulation of party-switching by legislators in different countries, consider the following: 1. Bangladesh — members of the legislature may be disqualified from the House for changing their political allegiance. 2. Pakistan — the constitutional provision on defection is confined to a legislator resigning from his party and to voting contrary to the party's direction on specified matters such as the election of the Prime Minister, a confidence motion or a money bill. 3. The United Kingdom — members of the House of Commons who vote against the direction of their party are liable to lose their seats in the House. 4. Canada — a constitutional provision on the model of India's Tenth Schedule disqualifies legislators who cross the floor. Which of the above is/are correctly identified?

  1. Bangladesh — members of the legislature may be disqualified from the House for changing their political allegiance.
  2. Pakistan — the constitutional provision on defection is confined to a legislator resigning from his party and to voting contrary to the party's direction on specified matters such as the election of the Prime Minister, a confidence motion or a money bill.
  3. The United Kingdom — members of the House of Commons who vote against the direction of their party are liable to lose their seats in the House.
  4. Canada — a constitutional provision on the model of India's Tenth Schedule disqualifies legislators who cross the floor.
  • A. 1 and 2
  • B. 2 and 3
  • C. 1, 2 and 4
  • D. 3 and 4 only