Which Amendment introduced the Anti-Defection Law in the Indian Constitution, aiming to prevent elected members from switching parties?

The 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.