Bihar Opposition Seeks Disqualification of Two Independent MLCs under the Anti-Defection Law
Context: The Opposition in Bihar has sought the disqualification of two newly elected Independent MLCs, Bansidhar Brajwasi and Rahul Raj, under the Tenth Schedule after the BJP announced they had joined the party. Hours later the BJP said the two had only 'extended support'.
The Bihar Case
Bansidhar Brajwasi (Tirhut Graduates' seat) and Rahul Raj (Saran Teachers' seat), both elected as Independents.
BJP first welcomed them into the party, then said they had only extended support; Brajwasi said on video he had not joined.
Disqualification petition before the Acting Chairman of the Legislative Council; RJD says it will go to court if there is no decision.
Tenth Schedule: Constitutional Background
Added by the 52nd Constitutional Amendment Act, 1985.
Article 102(2) — MPs; Article 191(2) — State legislators.
Grounds for Disqualification
Voluntarily giving up party membership, or voting/abstaining against the party whip without permission (if not condoned within 15 days).
Disqualified if they join any political party after election. Merely extending support is not, by itself, joining.
May join a party within six months of taking their seat; joining after that attracts disqualification.
Exceptions & Decision
Protection if at least two-thirds of the legislature party agree to the merger.
Speaker (Lok Sabha, Assembly) or Chairman (Rajya Sabha, Legislative Council).
No deadline in the Schedule; Keisham Meghachandra Singh (2020) — ordinarily decide within three months.
Decisions are open to judicial review — Kihoto Hollohan (1992).
Previous-Year Question
1. A nominated legislator cannot join any party within six months of appointment. 2. The law gives no time-frame for the presiding officer. Answer: (b) 2 only — a nominated member can join a party within six months.
Prelims Practice MCQ
+2 correct • −0.66 wrongWith reference to the Tenth Schedule of the Constitution, consider the following statements:
1. An Independent member who joins a political party after election is liable to be disqualified.
2. A nominated member is disqualified if he or she joins a political party at any time after taking the seat.
3. Disqualification of a member of a State Legislative Council is decided by its Chairman.
Which of the statements given above are correct?
UPSC Mains Question
10 Marks • 150 WordsThe anti-defection law has curbed defections but weakened the role of individual legislators. Examine with reference to recent cases involving Independent members.
- Basics — 52nd Amendment 1985; Articles 102(2), 191(2); Paras 2(1), 2(2), 2(3), 4.
- Independents — joining a party = disqualification; 'support' grey zone (Bihar MLC case).
- Cases — Kihoto Hollohan 1992 (judicial review), Keisham Meghachandra 2020 (three months).
- Issues — delay and partisanship of presiding officers, whip limits free debate.
- Reforms — Election Commission/tribunal to decide (2nd ARC, Law Commission), fixed deadlines.








