Problem:

The present provisions of Tenth Schedule under Article 102 (2) and 191 (2) of the constitution gave rise to several anomalies

1. These provisions incorporated in 1985 failed to prevent defections. Countless defections took place subsequently without incurring disqualification.
2. Individual defections invite disqualification, whereas collective defections are amply rewarded.
3. Speakers have tended to act in a partisan manner often. Even when defecting members did not constitute one-third of the party members in the legislature, Speakers sometimes did not disqualify members. The case of defection of members of BSP in UP Assembly is a classic example.
4. Since Tenth Schedule applies to any vote in the legislature, legislators who may honesty differ on a piece of legislation are forced to submit to the will of the leadership. Muslim Women's Bill brought in to nullify Supreme Court's verdict in Shah Bano case, the whip issued by congress party in Justice Rama Swamy's impeachment case are two telling examples.
5. 'Splits' are engineered in legislature parties without any real split in the party.
6. As whip applies to Rajya Sabha, the party with people's mandate in Lok Sabha has no opportunity to persuade Rajya Sabha to approve any legislation on merits. Only backroom deals with party leaders can facilitate Union legislation.