Question

Para 3 of the provisions as to disqualification on the ground of defection i.e. of the Tenth Schedule was omitted vide the Constitution (Ninety First Amendment) Act, 2003, which related to

• A. Disqualification on ground of defection to apply in case of split
• B. Disqualification on ground of defection not to apply in case of split
• C. Disqualification on ground of defection not to apply in case of merger
• D. Disqualification on ground of defection to apply in case of merger

Answer 1

The Correct Option is B

The Tenth Schedule of the Indian Constitution, known as the Anti-Defection Law, was introduced to prevent political defections prompted by the lure of office or material benefits. This law includes several provisions to disqualify members of Parliament and state legislatures on the grounds of defection. A key component of this law was addressed in the Constitution (Ninety First Amendment) Act, 2003, which made significant changes to its provisions.
 

One of the critical adjustments made by this amendment was the omission of paragraph 3 of the Tenth Schedule. Originally, paragraph 3 provided an exemption under the Anti-Defection Law for disqualifying members when a party underwent a "split". It allowed one-third of the members of a legislative party to split without facing disqualification.
 

The amendment aimed to curb frequent defections caused by such splits by removing the exception. Hence, the specific change made by the Ninety First Amendment was the removal of the exemption clause that prevented disqualification due to a split. Therefore, the correct answer to the question is:
 

Disqualification on ground of defection not to apply in case of split