Anti-defection law (Tenth Schedule, 1985):

• A member is disqualified if he or she voluntarily gives up party membership (para 2(1)(a)) or votes or abstains from voting in the House contrary to the party’s direction, without permission and without condonation within 15 days (para 2(1)(b)).
• The Speaker decides disqualification (para 6), and the decision is open to judicial review (Kihoto Hollohan, 1992). The Supreme Court has said Speakers should decide within about three months (Keisham Meghachandra Singh, 2020).

Rajya Sabha elections: the legal position is contested.

• Rajya Sabha members are elected by MLAs through proportional representation by single transferable vote (Article 80(4)). The poll is conducted by the Election Commission, not as a proceeding of the Assembly.
• Because para 2(1)(b) applies to votes in the House, the position is that a whip under the Tenth Schedule does not directly cover Rajya Sabha polls. In Kuldip Nayar v. Union of India (2006), which upheld the open ballot, the Supreme Court indicated that a cross-voting MLA may face party disciplinary action but not automatic disqualification.
• Parties therefore argue disqualification under para 2(1)(a) (voluntarily giving up membership), as in Ravi S. Naik (1994), where such conduct was held capable of showing voluntary giving up. Whether cross-voting amounts to this is the issue the courts must decide, and the High Court proceedings will examine it.

• Open ballot: Since 2003 (Section 59 of the RP Act, 1951; Rule 39AA of the Conduct of Elections Rules, 1961), MLAs show their marked ballot to their party’s authorised agent, to check cross-voting.

• Tenth Schedule: Added by the 52nd Amendment (1985). The 91st Amendment (2003) removed the exception for one-third splits and kept the merger exception (two-thirds of the legislature party).
• Odisha’s Rajya Sabha strength: Odisha has 10 seats, with members elected for six-year terms.
• Speaker: Presides over the Assembly and is the deciding authority on disqualification under the Tenth Schedule.

The Tenth Schedule (anti-defection law), Article 80(4), the open ballot under the RP Act, 1951 and landmark cases such as Kihoto Hollohan and Kuldip Nayar are recurring themes for OPSC Prelims (Indian Polity, Odisha Current Events) and OPSC Mains GS Paper II (Polity, Governance and Constitutional Provisions).

For structured notes on Odisha-specific current affairs, aspirants preparing in Bhubaneswar can join the OPSC Foundation Batch at Strive Edge IAS — recognized as one of the best OPSC OAS coaching institutes in Bhubaneswar.