The 52nd Constitutional Amendment Act of 1985 is considered a landmark in curbing political defections. Which of the following statements accurately reflects the most significant constitutional impact of this amendment?
Show answer & explanation
Correct answer: C
Explanation
Solution: The correct answer is It added the Tenth Schedule to the Constitution, providing the grounds for disqualification of legislators on grounds of defection.
Explanation:
☛ The 52nd Constitutional Amendment Act, 1985 was enacted to prevent political defections driven by the lure of office or other considerations.
☛ This amendment introduced the Tenth Schedule to the Indian Constitution, popularly known as the Anti-Defection Law.
☛ It amended Articles 101, 102, 190, and 191 to incorporate grounds of disqualification for both Members of Parliament and State Legislators.
☛ Under the Tenth Schedule, the power to decide on the disqualification of a member lies with the Presiding Officer (Speaker/Chairman) of the respective House.
Extra Exam-Relevant Facts:
☛ A legislator can be disqualified if they voluntarily give up membership of their political party or vote contrary to party directions (whip) without prior permission.
☛ An independent member becomes disqualified if they join any political party after being elected.
☛ A nominated member is disqualified if they join any political party after the expiry of 6 months from taking their seat.
☛ In the landmark Kihoto Hollohan case (1992), the Supreme Court ruled that the decision of the Presiding Officer is subject to judicial review.
☛ The 91st Constitutional Amendment Act, 2003 omitted the provision that exempted splits involving one-third of members, tightening the anti-defection law.
Important One-Liners for Upcoming Exams:
☛ Who was the Prime Minister of India when the Anti-Defection Law was passed in 1985? → Rajiv Gandhi
☛ Which amendment limited the total number of ministers, including the PM, to 15% of the Lok Sabha? → 91st Constitutional Amendment Act, 2003
☛ Under which article of the Indian Constitution is the procedure for impeachment of the President given? → Article 61
☛ Who decides questions of disqualification of MPs under Article 103 (other than defection)? → The President of India (acting on the advice of the Election Commission)
☛ What percentage of members of a legislature party must agree to a merger to avoid defection? → At least two-thirds (2/3rd) of the members