Question

Choose the correct statement(s) regarding the Anti-Defection Law under the 52nd Constitutional Amendment:

i. A member of a House is disqualified if they voluntarily give up membership of their political party.

ii. The decision of the presiding officer regarding disqualification under the Anti-Defection Law is final and cannot be questioned in any court.

• A. Only i
• B. Only ii
• C. Both i and i
• D. Neither i nor ii

Answer 1

Answer:

A. Only i

52nd Constitutional Amendment Act, 1985 - Anti-Defection Law

• Background: The 52nd Constitutional Amendment Act, enacted in 1985, introduced provisions to curb the 'menace of defection' that had become prevalent in Indian politics. This phenomenon, often termed 'floor crossing', saw elected representatives switching parties for political or personal gain, undermining the stability of governments and the mandate of the electorate.
• Key Provisions: This amendment added the Tenth Schedule to the Constitution of India, which lays down the grounds for disqualification of a member of Parliament or a State Legislature on the basis of defection.
• Disqualification Grounds: A member can be disqualified under the Anti-Defection Law on the following grounds:
  • If they voluntarily give up their membership of the political party by which they were set up as a candidate.
  • If they vote, or abstain from voting, in the House contrary to the direction issued by their political party, without prior permission or subsequent condonation.
  • Nominated members are given a six-month period to join a political party, after which they can be disqualified if they join a party.
• Exceptions: The law provides certain exceptions, such as:
  • A split in the original political party, where at least one-third of the members of the legislature party have agreed to form a new party. (Note: This provision was later removed by the 91st Amendment Act, 2003).
  • Merger of the original political party with another political party, provided at least two-thirds of the members of the legislature party have agreed to such a merger.
• Role of Presiding Officer: The presiding officer of the House (Speaker in Lok Sabha/State Assembly, Chairman in Rajya Sabha/Legislative Council) is empowered to decide on disqualification cases.
• Judicial Review: The Supreme Court, in the Kihoto Hollohan case (1992), upheld the validity of the Tenth Schedule but ruled that the decision of the presiding officer is subject to judicial review. Therefore, the statement that the decision is final and cannot be questioned in any court is incorrect.
• Impact: The Anti-Defection Law aims to ensure party loyalty and political stability, thereby strengthening parliamentary democracy.