Question
Download Solution PDFWhich Amendment introduced the Anti-Defection Law in the Indian Constitution, aiming to prevent elected members from switching parties?
This question was previously asked in
RPF Constable 2024 Official Paper (Held On 03 Mar, 2025 Shift 2)
Answer (Detailed Solution Below)
Option 1 : 52nd Amendment
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Download Solution PDFThe correct answer is 52nd Amendment.
Key Points
- The Anti-Defection Law was introduced in India by the 52nd Amendment Act of 1985.
- This amendment added the Tenth Schedule to the Indian Constitution, which is also known as the Anti-Defection Law.
- The main objective of this law is to prevent political defections motivated by the lure of office or material benefits.
- The law applies to both Parliament and State Legislatures, aiming to maintain the stability of elected governments.
Additional Information
- Disqualification Criteria:
- A member of a house belonging to a political party voluntarily gives up the membership of his political party.
- A member votes or abstains from voting contrary to the directives issued by his political party without prior permission.
- An independent member joins a political party after the election.
- A nominated member joins a political party after six months from the date of nomination.
- Exceptions to Disqualification:
- If a member goes out of his party as a result of a merger of his party with another party.
- If a member, and any other members of his original political party, have not accepted the merger and opted to function as a separate group.
- Role of the Presiding Officer:
- The Chairman or the Speaker of the respective House is the authority to decide on defection cases.
- The decision of the Presiding Officer is subject to judicial review.
- Recent Amendments and Proposals:
- Various proposals have been made to strengthen the Anti-Defection Law, including the suggestion to transfer the power to decide on defections to an independent authority.
- The law has been subject to several amendments and interpretations by the judiciary to address its loopholes.
Last updated on Jun 2, 2025
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