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
Function
Working meaning
Electoral choice
Parties select candidates, present programmes and aggregate social interests into alternatives.
Government formation
A party or coalition commanding House confidence forms the political executive.
Law and policy
Legislators debate and vote, while the governing party/coalition converts its agenda into policy subject to Constitution and law.
Opposition
Questions government, scrutinises legislation and expenditure, and offers an alternative.
Political mobilisation
Links citizens, movements, interest groups and public opinion with institutions.
Representation
Brings regional, social and ideological interests into legislatures; federal politics gives State parties major importance.
3. Keep four terms separate
Term
Meaning
Legal importance
Political party
Organisation operating outside and inside legislatures, contesting elections and pursuing a political programme.
May seek registration under Section 29A of RPA 1951.
Original political party
Under Tenth Schedule, the political party to which a member belongs for Paragraph 2.
Relevant to defection and merger.
Legislature party
All 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/alliance
Two or more parties cooperating for election or government.
Does not by itself merge their organisations or legislature parties.
4. Registration is not recognition
Stage
Basis
Result
Registration
Section 29A, Representation of the People Act, 1951; application to ECI.
The association becomes a registered political party.
Mandatory allegiance clause
Party 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.
Recognition
Electoral performance tests in the Election Symbols (Reservation and Allotment) Order, 1968.
Party is a recognised National Party or recognised State Party.
Unrecognised status
A registered party that does not currently satisfy recognition conditions.
Registration can exist without National/State recognition.
5. Recognition criteria: exam-ready map
Level
Alternative 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
Category
Symbol position
Recognised National Party
Its reserved symbol is ordinarily exclusive across India, subject to the Symbols Order.
Recognised State Party
Reserved symbol is exclusive in the State(s) of recognition; limited concessions outside may be granted under the Order.
Registered unrecognised party/other candidate
Generally 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
Member
Trigger 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 member
Joins any political party after election.
Nominated member
Joins 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
Rule
Meaning
Original party merger
Paragraph 4 concerns merger of the member's original political party with another party.
Two-thirds test
A merger is deemed for this purpose only if not less than two-thirds of members of the legislature party agree.
Protected choices
Qualifying 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 defence
The former one-third split exception in Paragraph 3 was deleted by the 91st Amendment.
11. Presiding-officer exemption
Situation
Paragraph 5 protection
On election to specified presiding office
Speaker/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 office
They may rejoin the party given up for the presiding office without attracting the Schedule.
13. Who decides? Do not mix the routes
Question
Initial authority
Defection under Tenth Schedule
Speaker 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 dispute
Election Commission of India under RPA 1951/Symbols Order.
15. Consequences and the 91st Amendment
Effect
Rule
House membership
A member found disqualified under the Schedule loses membership of that House.
Ministerial office
Articles 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 post
Article 361B creates a similar bar for such a post until term-end or earlier re-election.
Size of ministry
The 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
Expression
Correct use
Legislature party
The Tenth Schedule's legally defined group of all members of that party in a particular House.
Parliamentary party/group
Common political description for a party's MPs and their internal leadership/coordination; do not substitute it blindly for the Schedule's exact definition.
Coalition group
Cooperation among distinct parties; each party ordinarily retains identity, organisation and whip.
Leader of Opposition
Under 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
Point
Bihar application
Bicameral coverage
Tenth Schedule applies separately in Bihar Vidhan Sabha and Vidhan Parishad; Speaker decides Assembly cases and Chairman decides Council cases.
Legislature-party count
Two-thirds is calculated from that party's members in the House concerned, not from total party membership across Bihar or India.
Coalition politics
Joining 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 status
Whether 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.