BPSC · Polity

Political Parties, Anti-Defection and Parliamentary Groups

80 min read · Updated 5 Oct 2026

1. BPSC demand

Prepare six clusters: functions and types of parties; registration versus recognition; reserved symbols; original political party versus legislature party; grounds and exceptions under the Tenth Schedule; Speaker/Chairman and judicial review. Bihar has a bicameral Legislature, so the Schedule applies to both the Vidhan Sabha and Vidhan Parishad. Do not memorise a changing list of recognised parties without checking the latest ECI notification.

2. Why political parties matter

FunctionWorking meaning
Electoral choiceParties select candidates, present programmes and aggregate social interests into alternatives.
Government formationA party or coalition commanding House confidence forms the political executive.
Law and policyLegislators debate and vote, while the governing party/coalition converts its agenda into policy subject to Constitution and law.
OppositionQuestions government, scrutinises legislation and expenditure, and offers an alternative.
Political mobilisationLinks citizens, movements, interest groups and public opinion with institutions.
RepresentationBrings regional, social and ideological interests into legislatures; federal politics gives State parties major importance.

3. Keep four terms separate

TermMeaningLegal importance
Political partyOrganisation operating outside and inside legislatures, contesting elections and pursuing a political programme.May seek registration under Section 29A of RPA 1951.
Original political partyUnder Tenth Schedule, the political party to which a member belongs for Paragraph 2.Relevant to defection and merger.
Legislature partyAll members of a particular House who belong to that political party for Tenth Schedule purposes.Its strength is used for the two-thirds merger test.
Coalition/allianceTwo or more parties cooperating for election or government.Does not by itself merge their organisations or legislature parties.

4. Registration is not recognition

StageBasisResult
RegistrationSection 29A, Representation of the People Act, 1951; application to ECI.The association becomes a registered political party.
Mandatory allegiance clauseParty constitution must bear true faith and allegiance to Constitution, socialism, secularism and democracy, and uphold sovereignty, unity and integrity of India.A statutory condition for registration.
RecognitionElectoral performance tests in the Election Symbols (Reservation and Allotment) Order, 1968.Party is a recognised National Party or recognised State Party.
Unrecognised statusA registered party that does not currently satisfy recognition conditions.Registration can exist without National/State recognition.

5. Recognition criteria: exam-ready map

LevelAlternative routes
State Party(1) 6% valid votes in latest State Assembly election + at least 2 Assembly seats; or (2) 6% valid votes in latest Lok Sabha election from that State + at least 1 Lok Sabha seat from that State; or (3) at least 3% of Assembly seats or 3 seats, whichever is more; or (4) at least 1 Lok Sabha seat for every 25 seats or fraction allotted to the State; or (5) at least 8% valid votes in the State in latest Assembly or Lok Sabha general election.
National Party(1) At least 6% valid votes in each of four or more States in latest Lok Sabha or concerned Assembly general elections + at least 4 Lok Sabha seats from any State(s); or (2) at least 2% of Lok Sabha seats, with elected members from at least 3 States; or (3) recognition as a State Party in at least 4 States.

6. Symbols and party status

CategorySymbol position
Recognised National PartyIts reserved symbol is ordinarily exclusive across India, subject to the Symbols Order.
Recognised State PartyReserved symbol is exclusive in the State(s) of recognition; limited concessions outside may be granted under the Order.
Registered unrecognised party/other candidateGenerally chooses from the notified free symbols under applicable procedure; it does not possess the ordinary recognition-based reserved-symbol right.

7. Anti-defection timeline

8. Grounds of disqualification

MemberTrigger under Paragraph 2
Elected on a party ticket(a) voluntarily gives up membership of that political party; or (b) votes/abstains in the House contrary to an authorised party direction without prior permission, and the act is not condoned within 15 days.
Independent elected memberJoins any political party after election.
Nominated memberJoins a political party after six months from the date on which the member takes the seat. Joining within the first six months does not attract this ground.

9. Whip and the 15-day window

A whip is both a party functionary and, commonly, the direction communicated for voting discipline. Paragraph 2(1)(b) applies to voting or abstaining in the House contrary to a direction issued by the political party or a person/authority authorised by it. Prior permission prevents the breach; otherwise the party may condone it within 15 days from the vote or abstention.

The constitutional text does not limit disqualification-producing directions only to confidence or Money Bills. In practice, whips are especially consequential on confidence, supply and major legislation. The Supreme Court in Subhash Desai held that the political party—not a faction of the legislature party—has the power to appoint the whip.

10. Merger: the surviving exception

RuleMeaning
Original party mergerParagraph 4 concerns merger of the member's original political party with another party.
Two-thirds testA merger is deemed for this purpose only if not less than two-thirds of members of the legislature party agree.
Protected choicesQualifying members may become part of the other/new party; members who do not accept the merger may opt to function as a separate group.
No split defenceThe former one-third split exception in Paragraph 3 was deleted by the 91st Amendment.

11. Presiding-officer exemption

SituationParagraph 5 protection
On election to specified presiding officeSpeaker/Deputy Speaker, Deputy Chairman of Rajya Sabha, or Chairman/Deputy Chairman of a State Legislative Council may give up party membership because of that election without disqualification, if they do not join another party while in office.
After leaving that officeThey may rejoin the party given up for the presiding office without attracting the Schedule.

13. Who decides? Do not mix the routes

QuestionInitial authority
Defection under Tenth ScheduleSpeaker or Chairman under Paragraph 6; if the Presiding Officer is accused, a member elected by the House.
Other parliamentary disqualification under Article 102(1)President under Article 103, after obtaining ECI opinion.
Other State-legislature disqualification under Article 191(1)Governor under Article 192, after obtaining ECI opinion.
Party registration/recognition/symbol disputeElection Commission of India under RPA 1951/Symbols Order.

15. Consequences and the 91st Amendment

EffectRule
House membershipA member found disqualified under the Schedule loses membership of that House.
Ministerial officeArticles 75(1B) and 164(1B) bar a member disqualified under Paragraph 2 from ministerial appointment until the original term expires or the member contests and is declared elected earlier.
Remunerative political postArticle 361B creates a similar bar for such a post until term-end or earlier re-election.
Size of ministryThe same 91st Amendment capped Union and State ministries at 15% of the relevant lower House/Assembly; a State has a minimum of 12 ministers.

16. Parliamentary groups and opposition

ExpressionCorrect use
Legislature partyThe Tenth Schedule's legally defined group of all members of that party in a particular House.
Parliamentary party/groupCommon political description for a party's MPs and their internal leadership/coordination; do not substitute it blindly for the Schedule's exact definition.
Coalition groupCooperation among distinct parties; each party ordinarily retains identity, organisation and whip.
Leader of OppositionUnder the 1977 Act, leader in the House of the opposition party with greatest numerical strength, recognised by Speaker/Chairman. The Act itself does not write a “10%” condition.

17. Bihar relevance

PointBihar application
Bicameral coverageTenth Schedule applies separately in Bihar Vidhan Sabha and Vidhan Parishad; Speaker decides Assembly cases and Chairman decides Council cases.
Legislature-party countTwo-thirds is calculated from that party's members in the House concerned, not from total party membership across Bihar or India.
Coalition politicsJoining or leaving a government coalition does not itself become a Paragraph 4 merger; member conduct and House voting must be tested under the exact grounds.
Party statusWhether a party is currently a recognised State Party in Bihar must be verified from ECI's latest symbols notification, not inferred merely from Assembly seats.

20. Official PYQ status

No question below is labelled an official BPSC PYQ because complete official wording and options were not verified from a Commission booklet. These are original BPSC-style practice questions.

22. BPSC-style practice: exactly 20 MCQs