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6 July 2026

Maharashtra legislative switch and Tenth Schedule

The topic addresses critical constitutional questions regarding the Tenth Schedule, the role of the Speaker, and the Election Commission's authority, which are frequently tested in UPSC Mains as they pertain to the core functioning of Indian parliamentary democracy.

1 min read Day 5 of 8 2 questions 2 prelims

Notes

  • The Tenth Schedule of the Constitution provides for the disqualification of legislators on grounds of defection.
  • Paragraph 5 of the Tenth Schedule provides an exemption from disqualification for the Speaker, Deputy Speaker, Chairperson, or Deputy Chairperson if they voluntarily give up party membership upon election to the office.
  • Paragraph 4 of the Tenth Schedule provides an exemption from disqualification in the event of a merger of the original political party with another political party.
  • Legal debates persist regarding the 'umbilical cord' between the original political party and the legislature party, as referenced in Supreme Court observations.
  • Grey areas in the Tenth Schedule continue to create legislative ambiguity during internal party splits and subsequent switches in allegiance by elected representatives.
  • The Election Commission holds the authority to determine the recognition of political parties and their symbols, which impacts the legal status of legislators during internal party disputes.

Part of a longer story

This is day 5 of 8 in Shiv Sena factional dispute and disqualification proceedings, which has been running since 22 June 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Discuss the constitutional provisions under the Tenth Schedule regarding the disqualification of legislators and the specific exemptions provided for presiding officers of the House. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. The 'umbilical cord' between the original political party and the legislature party is a critical concept in maintaining the integrity of the anti-defection law. Critically analyze the challenges in implementing the Tenth Schedule during internal party splits and suggest reforms to address the existing legislative grey areas. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which paragraph of the Tenth Schedule of the Constitution of India provides exemption from disqualification for the Chairperson or Deputy Chairperson of a House?

  2. Under the Tenth Schedule, a member of a House shall not be disqualified on the grounds of defection if:

Syllabus

Topics

Sources

250words.in · https://250words.in/daily/2026-07-06/maharashtra-legislative-switch-and-tenth-schedule