By which Constitutional Amendment was the Tenth Schedule (Anti-Defection Law) incorporated into the Constitution of India? (A) 24th Amendment (B) 42nd Amendment (C) 52nd Amendment (D) 73rd Amendment

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Points to Remember:

  • The Tenth Schedule of the Indian Constitution deals with anti-defection.
  • It was added through a Constitutional Amendment.
  • The amendment aimed to curb political defections and maintain stability in the government.

Introduction:

The Indian Constitution, a living document, has undergone several amendments since its adoption in 1950. One significant amendment introduced the Tenth Schedule, popularly known as the Anti-Defection Law. This law aimed to address the issue of frequent shifts in political allegiance by elected representatives, which often led to instability in governments. The problem of “horse-trading” and opportunistic defections became a major concern, undermining the democratic process. The exact amendment responsible for incorporating this crucial schedule is the focus of this question.

Body:

Identifying the Relevant Amendment:

The correct answer is (B) 52nd Amendment. The 52nd Amendment Act of 1985 introduced the Tenth Schedule to the Constitution. This amendment aimed to prevent legislators from changing their party affiliation for personal gain or other opportunistic reasons. Options (A), (C), and (D) are incorrect. While the 24th, 42nd, and 73rd Amendments introduced significant changes to the Constitution, they did not incorporate the Anti-Defection Law.

Provisions of the Tenth Schedule:

The Tenth Schedule defines the grounds for disqualification of a Member of Parliament (MP) or Member of a State Legislative Assembly (MLA) on account of defection. Key provisions include:

  • Disqualification for voluntarily giving up membership of a political party: A legislator who voluntarily gives up membership of a political party is deemed to have defected.
  • Disqualification for voting or abstaining from voting contrary to the party whip: A legislator who votes or abstains from voting in the legislature contrary to the party whip is also deemed to have defected.
  • Exceptions: The Schedule provides for certain exceptions, such as a split in a political party. If a significant number of legislators break away from a party, they may not be disqualified if they meet certain criteria.
  • Authority to Decide on Disqualification: The Presiding Officer (Speaker of the Lok Sabha or Vidhan Sabha) has the authority to decide on disqualification petitions. This has been a point of contention, with accusations of bias often leveled against Presiding Officers.

Conclusion:

The 52nd Amendment Act of 1985, by incorporating the Tenth Schedule, significantly strengthened the Indian Constitution’s ability to address the issue of political defections. While the Anti-Defection Law has been instrumental in curbing opportunistic shifts in political allegiance, it has also faced criticism regarding its implementation and potential for misuse. The power vested in the Presiding Officer to decide on disqualification petitions remains a subject of debate. Moving forward, a more transparent and objective mechanism for adjudicating defection cases is needed to ensure fairness and uphold the principles of democratic governance. This would contribute to a more stable political environment and strengthen the foundations of our constitutional democracy. The focus should be on strengthening the ethical framework within the political system, promoting party discipline, and fostering a culture of responsible governance.

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