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What is 52nd Amendment in Indian Constitution?
What is the 52nd Amendment?
Why was the 52nd constitutional amendment introduced in 1985?
How did the Ninety-First Amendment strengthen the Constitution of India?
The Bill seeks to amend the Constitution to provide that an elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of a political party at the time he takes his seat or who becomes a member of a political part...
- Introduction
- Historical Background of The 52nd Constitutional Amendment
- Objectives of The 52nd Constitutional Amendment
- Key Features of The 52nd Constitutional Amendment
- Exceptions to The Anti-Defection Law
- Landmark Judgements Relating to The 52nd Constitutional Amendment
- Role of The Governor
- Issues in The 52nd Constitutional Amendment
- Current Scenario
- Recommendations
There is a saying that ‘power corrupts, and absolute power corrupts absolutely.’ This quest to gain power is also reflected among the politicians especially the Members of Legislative Assemblies (MLAs). Till almost 40 years after independence, the MLAs used to hop or shift between the different parties that were in power to get a seat in Parliament...
The concept of Universal Adult Franchise was introduced in India by the British. Every individual above 18 years of age got the right to vote for choosing their representative giving them their assertive right. However, even before independence, political defections used to take place which used to undermine this right and the very principles of de...
The primary objective of this Amendment was to curb the increasing cases of political defections which were directly undermining the Constitutional principles and the democratic values of the country. The following objectives could be laid down which this Amendment seeks to achieve: 1. The objective was to curb political corruption taking place thr...
The Tenth Schedule
The anti-defection law introduced in 1985 was added as the Tenth Schedule of the Indian Constitution. The basic aim of this Act as stated earlier is to discourage political defections among the politician to ensure political stability on one hand and to protect citizens’ faith on the other. The Tenth Schedule was included in the Constitution through the 85th Amendment Actof 1985.
Disqualification of defecting ministers
The anti-defection law focuses on the disqualification of all the ministers who are involved in such heinous acts of defection. All the ministers who are affiliated with a party or even the individual candidates, after getting elected are not allowed to defect to any other party since this would mean eventually disregarding the public which showed faith in the minister. However, the members who have been disqualified under the law can still contest the elections from any given political party...
Powers with the chairperson
The chairman or the speaker of the concerned house has the power to disqualify any minister on the grounds of defection. However, their decisions are also subject to ‘judicial review’ by the courts. They are not completely immune from ‘judicial review’ and the judiciary will always keep a watch on their effective decision-making. At the same time, there is no set time frame within which such a decision regarding the defection of the minister is to be given by the chairperson. However, this po...
The provisions under this Amendment aimed to prevent the shifting of the members of different political parties after the 1967 elections. However, these provisions also have certain exceptions. Though individual defection is not allowed, a group of MPs (Members of Parliament) or MLAs (Members of Legislative Assembly) are allowed to join or merge wi...
Keshavananda Bharati v. Union of India
This casecovered a large number of aspects that were included later in the Indian Constitution. In this case, it has been stated that the ‘judicial review’ is a vital part of the basic structure of the Constitution and can’t be taken away from the courts under any circumstance. As a result, the decision of the speaker or the chairman being subjected to the ‘judicial review’ of the courts is completely valid.
Rajendra Singh Ranav.Swami Prasad Maurya and Others
This caseexpanded the meaning of the term ‘voluntarily gives up the membership’ under the grounds for disqualification for the defection. It was stated that when an elected member of any political party gives a letter to the governor mentioning him to call upon the pioneer of the opposite party, then they are assumed to have deliberately surrendered the membership of the original party of which they were a part. Further, it also emphasized upon the power of ‘judicial review’ with the judiciar...
Mannadi Satyanarayan Reddy v. Andhra Pradesh Legislative Assembly and others
In this case, a question had been raised by the appellant regarding the jurisdiction of the chairperson or the presiding officer. However, the High Court of Andhra Pradesh explicitly stated that there are no provisions within the Tenth Schedule that completely restrain the chairperson from taking any decision. The Court further went on to state that the ‘judicial review’ is not available with the courts when the proceedings are still going on and a quia timet actionwould also not be permissib...
The governor till almost the end of the 20th Century had a huge role to play in protecting the state from facing any form of political instability. If they felt that the ruling party was not capable of managing the state affairs or when there are mass defections from the ruling party leaving, they could convey this information to the President to i...
The 52nd Amendment was put forth in 1985 which suffered from several drawbacks. Despite this, hardly any changes have been brought to the law to make it more effective. The various issues relating to the 52nd Amendment are as follows: 1. Among the grounds for defection, it has been stated that if the person gives a vote contrary to the party whip, ...
The current situation regarding the use of anti-defection law is not very encouraging. Despite the laws being amended, mass defections are still very common in India. This is having a detrimental impact on the political parties and the governmental system as a whole. The most recent case is of the defections taking place among the Shiv Sena in Maha...
After evaluation of all the major issues in the anti-defection laws of the country, the following changes are certainly required to be incorporated. 1. The decision regarding the disqualification of the legislative member for defection must be taken up by an independent committee or even the election commission to reduce the possibility of any bias...
- Rachit Garg
The 52nd constitution amendment act on anti-defection was passed in 1985 and the 10th Schedule was added in the Indian Constitution. It provided for the disqualification of the members of Parliament and the state legislatures on the grounds of defection.
Aug 9, 2024 · Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India. Anti-defection laws aim to prevent or discourage defection by imposing penalties on politicians who switch parties or otherwise violate party discipline.
The Anti-Defection law, or the 52nd Amendment to the Indian Constitution. Is a constitutional amendment limiting the ability of politicians to switch parties in parliament.
The 52nd amendment deals with the anti-defection laws. Defection, as per the constitution means to abandon a position or association, often to join an opposing group [1]. This anti-defection law...
2 days ago · At that time, the original text of the Indian Constitution had no provision for dealing with the defections of members of Parliament or the State Legislative Assemblies and Councils. To address this issue, the anti-defection law was introduced in 1985 through the 52nd Amendment Act, which was inserted into the Tenth Schedule of the Indian Constitution and is commonly known as the Anti-Defection Act.
