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The 52ⁿᵈ Constitution Amendment Act which provided for the disqualification of the members of parliament and the state legislators on the ground of de
Question

The 52ⁿᵈ Constitution Amendment Act which provided for the disqualification of the members of parliament and the state legislators on the ground of defection from one political party to another was enacted in-

A.

1984

B.

1985

C.

1987

D.

1988

Correct option is B

The correct answer is (b) 1985.

 Explanation:

52ⁿᵈ Constitution Amendment Act (1985) – The Anti-Defection Law

  • Enacted on: 1 February 1985(during Rajiv Gandhi’s government).

  • Purpose: To curb political defections and ensure stability in legislatures.

  • Added the Tenth Schedule to the Indian Constitution, which outlines the rules for disqualification on grounds of defection.

Key Provisions:

  1. Disqualification Criteria:

    • A member of a legislature (MP/MLA)voluntarily giving up party membership or voting against party whip can be disqualified.

    • Exception: Split (1/3rd of party members breaking away) and merger (2/3rd joining another party) were initially allowed but later modified.

  2. Authority to Decide Disqualification:

    • Presiding Officer of the House(Speaker/Chairman) acts as the adjudicating authority.

  3. Exceptions:

    • If a member is expelled by the party, it does not count as defection.

    • Independent members joining a party after election face disqualification.

Amendments:

  • 91ˢᵗ Amendment (2003):

    • Removed the "split" provision(only merger with 2/3rd majority allowed now).

    • Barred defectors from holding public office until re-election.

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