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Tenth Schedule Merger Loophole: Two-Thirds Rule Exploited; SC Recommends Independent Tribunal for Disqualification

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
17 Jun 2026
~2 min
Source: The Hindu
Key Data:Paragraph 3 omitted in 200352nd Constitutional Amendment (1985)K.M. Singh case (2020)Law Commission (1999) recommended deletion of Paragraph 4
Bodies:ParliamentSupreme CourtLok Sabha SpeakerLaw Commission
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What This Article Covers

1.20 Trinamool Congress Lok Sabha MPs announced merger with NCPI, raising questions on Tenth Schedule's merger provision (Paragraph 4).

2.Paragraph 3 (split provision) was omitted in 2003; since then, two-thirds of legislature parties have been merging to escape disqualification, as seen in Shiv Sena (2022), NCP (2023), BSP (2019), and Congress (2022).

3.The Supreme Court in K.M. Singh (2020) recommended an independent tribunal to decide disqualification, and the Law Commission (1999) recommended deleting Paragraph 4 entirely to curb misuse.

The Big Picture
Prelims · HighMains · High

The anti-defection law (Tenth Schedule) is a core Polity topic for UPSC. Recent political maneuvers—TMC MPs merging with NCPI, AAP MPs merging with BJP—exploit the merger provision (Paragraph 4) after the deletion of the split provision (Paragraph 3) in 2003. The Supreme Court in K.M. Singh (2020) recommended an independent tribunal to decide disqualification, but no action has been taken. This is crucial for Prelims facts and Mains analytical questions on political defections and constitutional remedies.

Exam Lens

Quick Exam Facts From News

Split provision deletionParagraph 3 omitted in 2003
Current merger provisionParagraph 4: merger allowed if approved by 2/3 of legislature party
Recent merger casesShiv Sena (June 2022), NCP (July 2023), BSP Rajasthan (Sept 2019), Goa Congress (Sept 2022), AAP RS (Apr 2026), TMC LS (2026)
Key judicial recommendationK.M. Singh (2020): independent tribunal headed by judges
Law Commission recommendation1999: delete Paragraph 4 to prevent misuse

1-Minute Revision

  • ›Split provision deletion: Paragraph 3 omitted in 2003
  • ›Current merger provision: Paragraph 4: merger allowed if approved by 2/3 of legislature party
  • ›Target this Data: Paragraph 3 (split) deleted in 2003; Paragraph 4 (merger) requires 2/3 approval of legislature party.
  • ›Target this Nodal Body: Speaker/Chairman decides disqualification under Tenth Schedule; SC recommended independent tribunal.
  • ›Target this Legal Point: K.M. Singh case (2020) recommended amending Constitution to establish an independent tribunal headed by judges.

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which Schedule of the Indian Constitution deals with the anti-defection law?

Q2Statement-basedHard

Consider the following statements regarding the merger provision under the Tenth Schedule:

1. The split provision (Paragraph 3) allowing a one-third split was omitted in 2003.

2. Under Paragraph 4, a merger is valid if approved by two-thirds of the political party.

3. The authority to decide disqualification under the Tenth Schedule is vested in the Speaker or Chairman of the House.

Which of the statements given above is/are correct?

Q3Data-centricMedium

In which year was the split provision (Paragraph 3) of the Tenth Schedule deleted?

Q4Application/ImpactMedium

What did the Supreme Court recommend in the K.M. Singh case (2020) regarding disqualification under the Tenth Schedule?

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