The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.

• It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
• The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final.
• The law applies to both Parliament and state assemblies.

Disqualification:

If a member of a house belonging to a political party:

1. Voluntarily gives up the membership of his political party, or
2. Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
3. If an independent candidate joins a political party after the election.
4. If a nominated member joins a party six months after he becomes a member of the legislature.

10 MLAs from Karnataka may face disqualification for anti-party activities and defying whips. The ball is now in speaker’s court as he has powers to invoke the 10th Schedule of the Constitution, also known as the Anti-defection Act.