Maharashtra Political Defections Highlight Loopholes in Tenth Schedule of Constitution
Contents4
The Hindu - Opinion · 6 Jul 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
Recent political defections in Maharashtra, including Shiv Sena UBT leaders switching to Eknath Shinde's faction, have exposed ambiguities in the Tenth Schedule's anti-defection law, raising constitutional and governance concerns.
Key points
Tenth Schedule of the Constitution, which deals with anti-defection laws, is under scrutiny due to recent political defections in Maharashtra, highlighting its loopholes and grey areas.
Sachin Ahir, a Shiv Sena UBT leader, switched allegiance to Eknath Shinde's faction and was elected Deputy Chairperson of the Maharashtra Legislative Council, claiming no party switch as he was originally elected as a Shiv Sena MLC.
Paragraph 5 of the Tenth Schedule exempts Deputy Chairpersons from disqualification if they voluntarily give up party membership post-election, but legal experts argue this exemption doesn't permit allegiance to another party.
Neelam Gorhe, a former Shiv Sena UBT leader, similarly switched to Shinde's faction in 2023, raising questions about the consistency and enforcement of anti-defection laws.
Six Lok Sabha MPs from the UBT group also defected to Shinde's Shiv Sena, invoking Paragraph 4 of the Tenth Schedule, which allows exemptions in case of party mergers.
Supreme Court's Subhash Desai case observation about the 'umbilical cord between the original party and legislature party' is being overlooked in these defections, according to legal experts.
[GS2-Governance] The repeated defections underscore the need for stronger institutional mechanisms to prevent political instability and ensure accountability in legislative conduct.
Way Forward: Amend the Tenth Schedule to clarify exemptions and close loopholes, establish an independent authority (instead of the Speaker) to adjudicate defection cases, and mandate transparent disclosure of party allegiances by legislators.
Key terms
- Tenth Schedule
- The Tenth Schedule of the Indian Constitution, introduced in 1985, contains provisions for disqualification of legislators on grounds of defection. It aims to curb political instability but has been criticized for loopholes, especially Paragraphs 4 (merger exemption) and 5 (exemption for presiding officers).
- Anti-Defection Law
- A constitutional provision under the Tenth Schedule that disqualifies legislators who voluntarily give up their party membership or vote against party directives. It seeks to maintain party discipline but faces challenges in implementation due to ambiguous exemptions.
- Subhash Desai Case
- A landmark Supreme Court case that emphasized the inseparable link between the original political party and its legislative wing, ruling that defectors cannot claim legitimacy unless the party itself undergoes a formal split or merger.
- Maharashtra Legislative Council
- The upper house of Maharashtra's bicameral legislature, comprising members elected by various electoral colleges. Its presiding officers' roles are critical in anti-defection cases, as they often invoke Paragraph 5 exemptions.
Practice question
Recent political defections in Maharashtra have exposed loopholes in the Tenth Schedule of the Constitution. Critically analyze the challenges posed by these defections to the anti-defection law and suggest measures to strengthen it. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Tenth Schedule Subhash Desai Case Paragraph 4 and 5 Anti-Defection Law Maharashtra Legislative Council Speaker's discretion Horse-trading Constitutional morality
Answer framework
Introduction
Briefly introduce the Tenth Schedule and its purpose in curbing defections. Mention the recent Maharashtra defections as a case study.
Loopholes in the Tenth Schedule
Paragraph 5 exemption for presiding officers being misused (e.g., Sachin Ahir, Neelam Gorhe cases).
Paragraph 4's merger clause exploited without genuine party splits (e.g., Lok Sabha MPs defection).
Ambiguity in defining 'voluntarily giving up party membership' as per Subhash Desai case.
Governance Challenges
Undermines party discipline and electoral mandates.
Encourages horse-trading and political instability.
Erosion of public trust in democratic institutions.
Judicial and Institutional Issues
Speaker's partisan role in disqualification cases.
Delayed judicial interventions reduce deterrence.
Lack of clarity in Supreme Court precedents (Subhash Desai case vs. practical implementations).
Reform Measures
Amend Tenth Schedule to clarify exemptions and close loopholes.
Establish independent authority (instead of Speaker) for defection cases.
Mandate transparent disclosure of party allegiances by legislators.
Conclusion
Stress the need for urgent reforms to preserve constitutional morality while balancing legislative freedom. Suggest a time-bound review mechanism by EC/SC.
Fact check
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