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Elections, Political Parties & Anti-defection

Part XV (Articles 324–329), the Representation of the People Acts and the Tenth Schedule. UPSC asks who decides what — the Election Commission, the Speaker, the President — and a handful of numbers.

50Prelims PYQs on it
7asked since 2016
5solved free below

Election Commission of India (Art. 324)

ItemRule
CompositionCEC + as many ECs as the President fixes; single-member till 1989, three-member since 1993
AppointmentBy the President; since the 2023 Act on a selection committee of the PM, Leader of Opposition and a Union Minister
RemovalCEC: like a SC judge. ECs: by the President on the CEC’s recommendation
Tenure6 years or age 65
DecisionsBy majority
PowersSuperintendence of elections to Parliament, State legislatures, President, Vice-President; sets the schedule; recognises parties and allots symbols (Symbols Order 1968); decides disputes on splits of recognised parties; advises the President/Governor on disqualification of members (Arts. 103, 192)
NOT its jobPanchayat and municipal elections — the State Election Commissions do those

Other Articles in Part XV

Representation of the People Acts

ActCovers
RP Act 1950Allocation of seats, delimitation, electoral rolls, qualification of voters
RP Act 1951Conduct of elections, qualifications and disqualifications of candidates, corrupt practices, election disputes
Candidate rulesLok Sabha: elector of ANY constituency, age 25; contest from at most 2 seats (Sec. 33(7), since 1996)
Disqualification on convictionSec. 8: sentence of 2+ years → disqualified; Lily Thomas (2013) removed the 3-month protection for sitting members
NOTAPUCL (2013); no legal effect on the result

Delimitation

Political parties

StatusMain test (any one)
National partyRecognised in 4+ States; or 6% votes in 4 States + 4 LS seats; or 2% of LS seats from 3 States
State party6% votes + 2 Assembly seats; or 6% + 1 LS seat; or 3% of Assembly seats (min 3); or 1 LS seat per 25; or 8% votes
BenefitReserved symbol, free airtime, voter rolls, 40 star campaigners (20 for registered unrecognised)

Anti-defection (Tenth Schedule, 52nd Amendment 1985)

MemberDisqualified if
Party memberVoluntarily gives up membership, or votes/abstains against the whip without permission (not condoned within 15 days)
IndependentJoins any party after election
NominatedJoins a party more than 6 months after taking the seat
ExceptionMerger backed by 2/3 of the legislature party; the 1/3 split exception deleted by the 91st Amendment (2003); presiding officer leaving the party on election
Who decidesSpeaker/Chairman; judicial review allowed (Kihoto Hollohan 1992); no time limit in law — SC suggests 3 months (Keisham Meghachandra 2020)

Traps UPSC sets

The wrong ideaWhat is actually true
ECI is a five-member bodyThree members.
Home Ministry fixes election datesThe ECI does.
A candidate must be a resident of the constituencyMust be an elector of any constituency.
There have been three Delimitation CommissionsFour.
“Political party” is not mentioned in the ConstitutionIt is — in the Tenth Schedule.
The President decides defection casesThe Speaker/Chairman does.

For Mains

GS 2: simultaneous elections (Kovind Committee 2024), electoral bonds (struck down, ADR 2024), criminalisation of politics, delimitation after 2026 and the North–South balance, anti-defection vs dissent.

Real PYQs on this topic, solved

UPSC 2025 · Newest PYQ · Tenth Schedule

Consider the following statements:

  1. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final. — ✗
  2. There is no mention of the word ‘political party’ in the Constitution of India. — ✗

Answer (d): Neither I nor II

Remember: Defection → Speaker/Chairman (reviewable) · other disqualification → President/Governor on ECI opinion · “political party” is in the 10th Schedule.

UPSC 2022 · Anti-defection

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. — ✓

Answer (b): 2 only

Remember: Nominated member: can join a party WITHIN 6 months · independent: can never join · merger needs 2/3 · no deadline for the Speaker (SC suggests 3 months).

UPSC 2017 · Election Commission

Consider the following statements:

  1. The Election Commission of India is a five-member body. — ✗
  2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. — ✗
  3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties. — ✓

Answer (d): 3 only

Remember: ECI = CEC + 2 ECs (since 1993) · sets poll dates · decides party splits (Symbols Order 1968) · Art. 324.

UPSC 2017 · Contesting the Lok Sabha

For election to the Lok Sabha, a nomination paper can be filed by

Answer (c): any citizen of India whose name appears in the electoral roll of a constituency

Remember: Lok Sabha candidate: citizen · 25 · on the electoral roll of ANY constituency · can contest up to two seats (Sec. 33(7) RP Act).

UPSC 2023 · Delimitation

How many Delimitation Commissions have been constituted by the Government of India till December 2023?

Answer (d): Four

Remember: Delimitation Commissions: 1952, 1963, 1973, 2002 = four · seats frozen on the 1971 census till after 2026 · orders final, not justiciable.