APSC Answer Writing (Daily) based on Assam Tribune – 28/10/2026

Model answer

Introduction: The 52nd Amendment (1985) added the Tenth Schedule to disqualify defectors. Resigning, switching sides and winning the bypoll now tests its reach.

1. Where the Tenth Schedule works

• Clear grounds: Paragraph 2 covers voluntarily giving up membership, voting or abstaining against the party’s direction, and an independent joining a party.
• Tighter exceptions: The 91st Amendment (2003) removed the split exception, leaving only a two-thirds merger. It also barred disqualified defectors from becoming ministers until their term ends or they are re-elected (Articles 75(1B), 164(1B)).
• Judicial check: In Kihoto Hollohan (1992), the Court struck down paragraph 7 and held that the Speaker’s rulings are open to judicial review.

2. Where it falls short

• Resignation loophole: Members quit before proceedings end and re-contest on another ticket. ADR counted 111 MPs and MLAs switching parties in 2022-2026.
• Partisan arbiter: The Speaker decides (paragraph 6), and is often seen as biased.
• Delay: Keisham Meghachandra Singh (2020) set three months, barring exceptional circumstances, and asked Parliament to consider a permanent tribunal.

3. Way Forward

• Independent adjudicator: An outside body that decides within fixed timelines, subject to judicial review.
• Targeted consequences: A time-bound, statutory bar on contesting the bypoll or holding office for those who resign to defeat pending proceedings.
• Protect dissent: Leave members free to resign on genuine grounds.
• Party accountability: Hold accountable the parties that engineer or reward defections.

Conclusion: The Tenth Schedule has curbed open defection but not planned evasion through resignation. Reform should close that gap and still leave room for dissent based on conscience.