UPSC Prelims 2014 Question:

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

Explanation:

• The Tenth Schedule to the Constitution of India was added by (Fifty-second Amendment) Act 1985.
  
  
• The Constitution of India lays down that a person shall be disqualified from being a member of either House of state legislature if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. The question of disqualification under the Tenth Schedule is decided by the Chairman, in the case of the legislative council and, the Speaker, in the case of the legislative assembly (and not by the governor). In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.
  
  
• The remedy proposed was to disqualify the Member of either House of Parliament or of the State Legislature who is found to have defected from continuing as a Member of the House.
  
  
• The Constitutional validity of the Tenth Schedule was assailed and the Constitution Bench of Supreme Court in Kihoto Hollohan v Zachillhu and Others (1992) 2 SCC 651 held that Speaker/ Chairman while exercising powers and discharging functions under the Tenth Schedule act as Tribunal.
  
  
• The order passed by the Speaker is final, however, it  can be subject to judicial review on four grounds: mala fides, perversity, violation of constitutional mandate, and order passed in violation of natural justice.
  
  

Therefore, option (4) is the correct answer.

Subject: Polity | Anti-Defection Law