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

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  1. 52nd Amendment
  2. 42nd Amendment
  3. 44th Amendment
  4. 61st Amendment

Answer (Detailed Solution Below)

Option 1 : 52nd Amendment
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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.
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