Question

Choose the correct statement(s) regarding the Anti-Defection Law under the 52nd and 91st Amendments.

1. The 91st Amendment removed the exemption from disqualification for defection in cases of a split in a political party.

2. A nominated member can join a political party within six months of taking their seat without inviting disqualification.

• A. 1 only
• B. 2 only
• C. Both 1 and
• D. Neither 1 nor 2

Answer 1

Answer:

C. Both 1 and

Anti-Defection Law in India

• The Anti-Defection Law is primarily governed by the Tenth Schedule of the Indian Constitution, which was added by the 52nd Amendment Act of 1985.
• This law aims to prevent elected representatives from switching parties, thereby ensuring political stability and party discipline.

Key Provisions and Amendments

• Original Provision (52nd Amendment): The original Tenth Schedule allowed for disqualification on grounds of defection, but it contained an exception. If at least one-third of the members of a legislature party decided to split and form a new party, they would not be disqualified. This was known as the 'rule of one-third'.
• 91st Amendment Act of 2003: This amendment significantly altered the Anti-Defection Law. It abolished the exemption related to splits. Under the 91st Amendment, disqualification occurs if a member voluntarily gives up their membership of a party or votes, or abstains from voting, contrary to any direction issued by their political party, irrespective of whether any split occurs. The 'rule of one-third' was thus removed.
• Nominated Members: Nominated members of Parliament or State Legislatures have a specific provision. They are allowed to join any political party within a period of six months from the date on which they take their seat. If they join a political party after this six-month period, they are liable to be disqualified.

Implications for Competitive Exams

• Understanding the difference between the provisions of the 52nd Amendment and the 91st Amendment is crucial. The 91st Amendment is particularly important as it strengthened the Anti-Defection Law by removing the loophole of splits.
• Candidates should remember the specific time limit (six months) for nominated members to join a political party without disqualification.