Polity · 24 Jul 2026

Paragraph 4 Tenth Schedule merger

Consider the following statements regarding the Madhya Pradesh Uniform Civil Code, 2026:

  1. It exempts Scheduled Tribes from its provisions under the authority of Articles 342 and 366(25) of the Constitution.
  2. Madhya Pradesh is the first state to enact a state-level Uniform Civil Code, ahead of Uttarakhand.
  3. Article 44 of the Constitution, under which the Bill was defended, is a justiciable Fundamental Right.

Which of the statements given above is/are correct?

A1 and 2 only
B1 and 3 only
C2 and 3 only
D1, 2 and 3

Tests the ability to distinguish a two-part legal test from its more commonly assumed single-condition reading - a distinction that directly separates a genuine merger from disguised defection.

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This question is based on: Madhya Pradesh's "Uniform" Civil Code Exempts an Entire Community From Day One
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About this question

Why in news

The Supreme Court declined to stay the Lok Sabha Speaker's recognition of six Shiv Sena (UBT) MPs' "merger" with Eknath Shinde's faction, but agreed to hear a challenge invoking the Subhash Desai precedent, testing whether Paragraph 4's twin requirements were actually met.

Why for UPSC

The anti-defection law's merger exception is a recurring polity theme and the two-tier requirement (organisational merger + legislature party agreement) is precisely the kind of nuanced distinction UPSC tests to separate rote learners from conceptual thinkers.

Prelims summary

Paragraph 4 (inserted via the 52nd Amendment, 1985) requires BOTH the original party's organisational merger AND two-thirds legislature party agreement; Subhash Desai (2023) held that legislature-party movement alone does not satisfy this.

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