Chapter 13 · Topic 13.4 · Prelims + Mains4 of 4
Parliament: Privileges and the anti-defection law
Key points
- Tenth Schedule: 52nd Amendment 1985; 91st Amendment removed split; nominated member
13 PYQs 2017–2026
Prelims box: facts and traps
| Strengthen scrutiny | Free the member |
|---|---|
| Refer most bills to | Narrow the anti-defection; committees |
| a minimum | whip to confidence and |
| number of sitting days. | money votes.. |
- The 52nd Amendment (1985) added it, and the Tenth Schedule contains provisions regarding anti-defection (2014).
- Weak spots, with data from PRS Legislative Research: the 17th Lok Sabha held 274 sittings, the fewest of any full-term Lok Sabha, and referred only 16% of bills to committees.
- bribe to vote or speak, overruling P.V. Narasimha Rao (1998).
- Trap (UPSC Prelims 2024): “Provisions will come into effect from the 18th Lok Sabha” is incorrect.
- Trap (UPSC Prelims 2022, anti-defection law in India): “The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House” is incorrect.
Privileges and the anti-defection law
Privileges (Art 105; Art 194 for States). Freedom of speech in Parliament, immunity from court proceedings for anything said or any vote given in the House or its committees, freedom from arrest in civil cases during a session and 40 days before and after it, the right to publish proceedings and to punish for contempt. Since the 44th Amendment, the other privileges are those existing before it, until Parliament defines them by law, which it has never done.
Mains 2014 noted that Article 105 leaves room for a large number of un-codified and un-enumerated privileges, and asked why they are not codified and how to address it. Reasons: Houses want flexibility and fear court review; risk to press freedom and citizens. Suggestions: codify with clear limits, as the courts and commissions have urged, and keep privilege for the protection of the House’s functioning, not of members personally.
The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and unenumerated privileges to continue. Assess the reasons for the absence of legal codification of the parliamentary privileges. How can this problem be addressed ?
Sita Soren v Union of India 2024
Held: A seven-judge bench held that Arts 105 and 194 do not protect a legislator who takes a
bribe to vote or speak, overruling P.V. Narasimha Rao (1998). WHY IT MATTERS Privilege protects the House’s work, not corruption.
Anti-defection law. The 52nd Amendment (1985) added it, and the Tenth Schedule contains provisions regarding anti-defection (2014). A member is disqualified for voluntarily giving up party membership, or voting or abstaining against the party whip without permission (unless condoned within 15 days). An independent who joins a party is disqualified. A nominated member may join a party within six months of taking the seat, not after. The 91st Amendment (2003) removed the ‘split’ exception; only a merger backed by two-thirds of the legislature party is protected.
Which one of the following Schedules of the Constitution of India contains provisions regarding anti- defection?
- Second Schedule
- Fifth Schedule
- Eighth Schedule
- Tenth Schedule
Show answer
Answer: (d) · UPSC official key
The presiding officer decides disqualification, and the law does not provide any time-frame within which the presiding officer has to decide a defection case. A nominated member can join a party in the first six months, so statement 1 of 2022 is wrong. Key: 2 only.
With reference to anti-defection law in India, consider the following statements : 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any time-frame within which the presiding officer has to decide a defection case. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (b) · UPSC official key
Kihoto Hollohan v Zachillhu 1992
Held: Upheld the Tenth Schedule, but held that the Speaker acts as a tribunal and the decision
is open to judicial review. WHY IT MATTERS The base case for every anti-defection question.
Keisham Meghachandra Singh v Speaker, Manipur 2020
Held: Disqualification petitions should ordinarily be decided within three months; suggested
that Parliament consider an independent body instead of the Speaker. WHY IT MATTERS Answers the ‘no time limit’ problem.
Mains 2026 asked whether the office of the Lok Sabha Speaker has become vulnerable to partisan politics under the current anti-defection regime, and Mains 2020 asked about the British practice of ‘Once a Speaker, Always a Speaker ’. Points: the Speaker stays a party member and depends on the party for re-election; delayed or selective decisions on defection. Fixes: a time limit, an independent tribunal (as Keisham suggested), the British convention of an uncontested seat for the Speaker, and resigning from the party on election.
Examine whether the constitutional office of the Lok Sabha Speaker has become vulnerable to partisan politics under the current anti-defection regime. What institutional changes are required to ensure the neutrality of the Lok Sabha Speaker in managing a polarised House?
‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India?
Mains view: accountability, decline of debate and
women’s reservation Mains 2021 asked to what extent the Parliament is able to ensure accountability of the executive. Tools: questions, motions, committees, the budget, the CAG and PAC. Weak spots, with data from PRS Legislative Research: the 17th Lok Sabha held 274 sittings, the fewest of any full-term Lok Sabha, and referred only 16% of bills to committees. Add frequent disruptions, ordinances and the money-bill route.
To what extent, in your view, the Parliament is able to ensure accountability of the executive in India?
Mains 2019 (and 2013 in similar words) said the individual parliamentarian’s role as the national law maker is on a decline. Causes: the anti-defection law and the whip, which turn every vote into a party vote; little time for private members; bills passed without committee scrutiny. Remedies: limit the whip to confidence and money votes, more sitting days, mandatory committee scrutiny.
Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.
Nari Shakti Vandan Adhiniyam (106th Amendment, 2023). One-third of seats in the Lok Sabha, State Assemblies and the Delhi Assembly are reserved for women, including one-third of the seats reserved for SCs and STs. It takes effect only after delimitation based on the first census after it began, so not from the 18th Lok Sabha, and it will be in force for 15 years after becoming an Act, extendable by Parliament. It does not cover the Rajya Sabha or Legislative Councils.
Consider the following statements regarding ‘Nari Shakti Vandan Adhiniyam’ : 1. Provisions will come into effect from the 18th Lok Sabha. 2. This will be in force for 15 years after becoming an Act. 3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes. Which of the statements given above are correct ?
- 1, 2 and 3
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
Show answer
Answer: (c) · UPSC official key
| Strengthen scrutiny | Free the member | Neutral Chair |
|---|---|---|
| Refer most bills to | Narrow the anti-defection | Time-bound defection |
| committees; a minimum | whip to confidence and | decisions; an independent |
| number of sitting days. | money votes. | tribunal. |
→ Elections Delimitation, reservation and the Representation of the People Act.
Mains box: analysis and answer points
- Suggestions: codify with clear limits, as the courts and commissions have urged, and keep privilege for the protection of the House's functioning, not of members personally.
- WHY IT MATTERS Answers the 'no time limit' problem.
- Fixes: a time limit, an independent tribunal (as Keisham suggested), the British convention of an uncontested seat for the Speaker, and resigning from the party on election.
- Remedies: limit the whip to confidence and money votes, more sitting days, mandatory committee scrutiny.
- Likely next angle: Sita Soren (2024) and bribery; merger exception
- Asked: Mains 2014 (GS Paper II, 12.5 marks): The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and unenumerated privileges to continue. Assess the reasons for the absence of legal codification of the parliamentary privileges. How can this problem be addressed ?
Practice
Prelims PYQs on this topic (8)
With reference to anti-defection law in India, consider the following statements :
- 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
- 2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.
Which of the statements given above is/are correct?
Answer (b) & explanation
Only statement 2 is correct (b). Statement 1 is wrong: the Tenth Schedule works the other way. A nominated member may join a political party within six months of taking the seat. After that, joining a party leads to disqualification. Statement 2 is right: the Schedule sets no deadline for the presiding officer to decide a defection petition. In Keisham Meghachandra Singh (2020), the Supreme Court said such cases should normally be decided within three months.
Notice that the Tenth Schedule was added by the 52nd Amendment (1985). The 91st Amendment (2003) removed the one-third split exception, leaving only a two-thirds merger. Kihoto Hollohan (1992) made the Speaker's decisions subject to judicial review.
"cannot" for "can". The six-month window is real, but its meaning is reversed.
Answer as per the official UPSC answer key.
Which of the following statements with regard to the persons with disabilities in India is/are correct ?
- 1. The Rights of Persons with Disabilities Act, an Act passed by the Parliament of India in 2018, mandates reservation in education and employment, places a legal duty on Governments to ensure accessibility and non-discrimination.
- 2. The Sugamya Bharat Abhiyan focuses on achieving universal accessibility for Persons with Disabilities across three key domains — built infrastructure, transport systems and information and communication technology.
- 3. The National Divyangjan Finance and Development Corporation (NDFDC) is a public sector organisation set up by the Ministry of Corporate Affairs as a not-for-profit company to promote entrepreneurship among Persons with Disabilities (PwDs).
Select the answer using the code given below :
Answer (b) & explanation
Only statement 2 is correct (b). Statement 2 is right: the Sugamya Bharat (Accessible India) Abhiyan (2015) works on three areas: built environment, transport and ICT. Statement 1 is wrong: the RPwD Act was passed in 2016, not 2018, though it does mandate reservation and accessibility. Statement 3 is wrong: NDFDC works under the Ministry of Social Justice and Empowerment, not Corporate Affairs. So options (a), (c) and (d) fail.
Notice the RPwD Act's key features: it raised the disability types from 7 to 21, set 4% reservation in government jobs and 5% in higher education for persons with benchmark disabilities, and replaced the 1995 Act. It was passed to fulfil India's duties under the UN Convention (UNCRPD).
true content with one wrong detail (year, ministry). UPSC hides the error in the smallest word.
Answer as per the official UPSC answer key.
Consider the following statements in respect of questions asked by the Members in the Parliament of India :
- 1. Unstarred questions are those to which a Member desires an oral answer in the House.
- 2. Starred questions are those to which a Member desires a written answer.
- 3. No supplementary question can be asked on an unstarred question.
Which one of the following conclusions based on the above statements is correct ?
Answer (c) & explanation
Only one statement is correct (c). Statement 3 is right: an unstarred question gets a written answer, so no supplementary question can follow. Statement 1 is wrong: unstarred questions get written, not oral, answers. Statement 2 is wrong: a starred question, marked with an asterisk, gets an oral answer on the floor, and supplementaries may follow. Statements 1 and 2 swap the two types. So options (a), (b) and (d) fail.
Notice the third type: a short notice question is on a matter of urgent public importance, asked with less than ten days' notice and answered orally. Question Hour is usually the first hour of a sitting, followed by Zero Hour, an Indian innovation not found in the Rules of Procedure.
a clean swap of definitions. Remember: the star is for the spoken answer on the floor.
Answer as per the official UPSC answer key.
Consider the following statements about the Committee on the Welfare of Scheduled Castes and Scheduled Tribes of the Parliament of India :
- 1. Although members of this Committee are elected from both Houses of Parliament, the Chairperson of this Committee is appointed by the Chairman of the Rajya Sabha.
- 2. Twenty members are elected by the Rajya Sabha and ten members by the Lok Sabha.
- 3. No Minister, except for the Union Minister of Social Justice and Empowerment, is eligible to be a member of this Committee.
- 4. Members are elected for a fixed term of two years from the date they enter their office.
Which one of the following conclusions based on the above statements is correct ?
Answer (d) & explanation
No statement is correct (d). The Committee on the Welfare of SCs and STs has 30 members. Statement 1 is wrong: the Speaker appoints its Chairperson from among the Lok Sabha members. Statement 2 is wrong: 20 members come from the Lok Sabha and 10 from the Rajya Sabha, the reverse of the statement. Statement 3 is wrong: no Minister at all can be a member. Statement 4 is wrong: the term is one year, not two. So options (a), (b) and (c) fail.
Notice the pattern: like the Estimates and Public Accounts committees, it is a financial-style committee where Ministers are barred. Its job is to examine the work of the National Commissions for SCs and STs and the implementation of safeguards.
four confident details, all slightly off. When every line has a number or an office, check each one.
Answer as per the official UPSC answer key.
Consider the following statements about Lokpal :
- I. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.
- II. The Chairperson or a Member shall not be a Member of the Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson.
- III. The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office as the Chairperson or Member, as the case may be.
- IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.
Which of the statements given above is/are correct?
Answer (a) & explanation
Only statement III is correct (a). Statement III is right: the Chairperson or a Member must be at least 45 years old on taking office. Statement I is wrong: the Lokpal and Lokayuktas Act, 2013 covers public servants in India and abroad. Statement II is wrong: the Chairperson can be a former Chief Justice, a former Supreme Court judge, or an eminent person, so "only the CJI" is wrong. Statement IV is wrong: the Prime Minister is covered, with special safeguards, such as nothing on national security or foreign relations.
Notice the structure: a Chairperson and up to eight members, half of them judicial, and half from SC, ST, OBC, minorities and women. Justice Pinaki Chandra Ghose was the first Lokpal (2019).
"only" and "cannot". Absolute words in a Lokpal question are usually wrong.
One trap spotted is one mark saved. The PYQ Book lines up every trap UPSC has set, so you walk in prepared. Try the free sample
Answer as per the official UPSC answer key.
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Answer (c) & explanation
Prohibition stops a lower court from continuing a case (c). A writ of Prohibition is issued by a higher court to a lower court or tribunal, telling it to stop a case it has no jurisdiction to hear. It is issued only to judicial and quasi-judicial bodies. Option (a) is wrong: it is never issued to a government officer. Options (b) and (d) are wrong: courts cannot use it against Parliament, a legislature or the government's policy.
Notice the five writs under Articles 32 and 226: Habeas Corpus (produce the person), Mandamus ("we command", to perform a duty), Prohibition, Certiorari and Quo Warranto (by what authority). Think of Prohibition as "stop before you decide", and Certiorari as "your decision is quashed".
option (a) describes mandamus in reverse. Prohibition is aimed at courts, not officers.
Answer as per the official UPSC answer key.
Mains PYQs on this topic (5)
- UPSC Mains 2026 · GS Paper II · Q2“Women as a class neither belong to a minority group nor are they regarded as forming a backward class.” In the light of this statement, discuss the evolution of women's reservation from local bodies to Parliament.How to approach: Intro: women are neither a minority nor a backward class, so their quotas rest on Article 15(3) and specific amendments. Body: (1) Local bodies: 73rd and 74th A…
- UPSC Mains 2025 · GS Paper II · Q12Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending p…How to approach: Intro: flexible yet rigid. Body: (1) Procedural limitations; (2) Substantive limitations; (3) Assessment. Conclusion: The balance lets Parliament adapt the Cons…
- UPSC Mains 2024 · GS Paper II · Q3“The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.How to approach: Intro: In theory the Cabinet is responsible to the Lok Sabha (Art. 75(3)). Body: (1) Signs of marginalisation; (2) Reasons; (3) Checks remain. Conclusion: Parli…
- UPSC Mains 2023 · GS Paper II · Q4Compare and contrast the British and Indian approaches to Parliamentary sovereignty.How to approach: Intro: Dicey's idea of parliamentary sovereignty. Body: (1) Britain: unwritten constitution, no judicial review of Acts, unitary state, any law by simple majori…
- UPSC Mains 2023 · GS Paper II · Q16Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of Indian Parliament?How to approach: Intro: committees as 'mini-Parliaments'. Body: (1) Structure: standing vs ad hoc; financial committees, 24 Departmentally Related Standing Committees (since 199…
Write an answer
In 150 words, explain the significance of Parliament with one recent example.
Flashcards (3)
Which Schedule has the anti-defection law?
The Tenth Schedule (52nd Amendment, 1985).
Which case made the Speaker's defection
decision subject to judicial review? Kihoto Hollohan (1992).
When does women's reservation under the
106th Amendment take effect? After delimitation following the first census after the Act.
Read more: related explainers
In the news
- 25 Oct 2026Census 2027: can private teachers be made enumerators? The Census Rules amendment and Article 23
- 24 Oct 2026Legislative Council polls in four States: why only six States have a second chamber
- 13 Aug 2026Monsoon Session ends: 19 sittings, 12 Bills passed by both Houses
- 13 Aug 2026MEA Parliament replies (13 Aug 2026): IORA chair
Next chapter · 14. Judiciary →Judiciary: Supreme CourtSyllabus: GS-II · Parliament and State legislatures—structure, functioning, conduct of business, p…