Question

Choose the correct statement(s) regarding the 52nd Constitutional Amendment Act:

1. It introduced the Tenth Schedule, also known as the Anti-Defection Law.

2. It allows exemptions from disqualification in cases of mergers if two-thirds of the party members agree.

3. The decision of the presiding officer on defection cases is not subject to judicial review.

• A. 1 and 2 only
• B. 2 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

52nd Constitutional Amendment Act, 1985

• The 52nd Constitutional Amendment Act was enacted in 1985 during the tenure of Prime Minister Rajiv Gandhi.

Purpose of the Amendment:

• Its primary objective was to combat the menace of political defections, which had become rampant in Indian politics, leading to instability in governments.

• It aimed to prevent elected representatives from switching parties frequently for personal or political gains, thus undermining the mandate of the voters.

Introduction of the Tenth Schedule:

• This amendment introduced the Tenth Schedule to the Indian Constitution, which is popularly known as the Anti-Defection Law.

• The Tenth Schedule lays down the provisions for disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on the grounds of defection.

Grounds for Disqualification under the Anti-Defection Law:

• A member elected on a party's ticket voluntarily gives up membership of that political party.

• A member votes or abstains from voting in the House contrary to any direction issued by his political party, without obtaining prior permission.

• An independent member joins any political party after election.

• A nominated member joins any political party after the expiry of six months from the date on which he takes his seat in the House.

Exemptions from Disqualification:

• The law provides for an exception in case of a merger of a political party with another political party.

• Disqualification does not apply if two-thirds of the members of a legislative party agree to such a merger. This provision was included to allow for legitimate political realignments while curbing individual defections.

Role of the Presiding Officer and Judicial Review:

• The decision on questions as to disqualification on ground of defection is made by the Presiding Officer of the House (Speaker in Lok Sabha/Assembly, Chairman in Rajya Sabha/Council).

• Initially, the decision of the Presiding Officer was considered final and not subject to judicial review.

• However, in the landmark case of Kihoto Hollohan v. Zachillhu (1992), the Supreme Court ruled that the decision of the Presiding Officer under the Tenth Schedule is subject to judicial review. This means that the courts can examine the validity of the Speaker's/Chairman's decision in defection cases