Indian Political CompassConstitutional Amendment · In force
52th Amendment (1985)
Added the Tenth Schedule to the Constitution, disqualifying legislators who defect from the party on whose ticket they were elected.
Why it was passed
Political instability caused by mass defections — legislators switching parties for ministerial posts — had destabilised state governments through the 1960s–1980s. The amendment introduced automatic disqualification for floor-crossing.
Key changes
- Inserted the Tenth Schedule (Anti-Defection provisions)
- Disqualification triggered by voluntarily giving up party membership or voting against party direction
- Speaker or Chairman of the House adjudicates disqualification
Controversy and legal challenges
The Speaker's role as sole adjudicator has been criticised because Speakers often belong to the ruling party. The Supreme Court in Kihoto Hollohan v. Zachillhu (1992) upheld the schedule but made Speaker decisions subject to judicial review. The law has been criticised for strengthening party whips at the cost of legislative independence.
Content is editorial draft pending fact-check against official Gazette notifications and Supreme Court judgment texts. Last reviewed: 2026-07-02.
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