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 448 288 448s170.8 0 213.4-11.5c23.5-6.3 42-24.2 48.3-47.8 11.4-42.9 11.4-132.3 11.4-132.3s0-89.4-11.4-132.3zm-317.5 213.5V175.2l142.7 81.2-142.7 81.2z"/> Subscribe on YouTube