Source: The Hindu, Tags: 23 Jan 2026
Constitutional basis
• 10th Schedule of the Constitution
Inserted by
• 52nd Constitutional Amendment Act, 1985
Purpose
• To prevent political defections motivated by personal gain.
• To ensure stability of elected governments.
When does disqualification apply?
- Voluntarily giving up membership of the political party.
- Voting or abstaining against party whip without prior permission.
- Independent member joining a political party after election.
- Nominated member joining a political party after 6 months.
Decision-making authority
• Speaker / Chairman of the House (subject to judicial review).
Key update
• 91st Constitutional Amendment Act, 2003
• Removed protection for splits.
• Only mergers supported by at least 2/3rd members are allowed
