52nd Constitutional Amendment Act, 1985
52nd Constitutional Amendment Act, 1985
Background:
The 52nd Amendment Act was enacted to combat the problem of political defections (also called “floor crossing” or “Aaya Ram Gaya Ram” politics).
During the 1960s and 70s, frequent defections by elected legislators led to political instability in India.
To ensure political stability and maintain the sanctity of elections, this amendment introduced the Anti-Defection Law into the Constitution.
Key Features:
1. Insertion of the Tenth Schedule
The Act introduced a new schedule, called the Tenth Schedule, into the Constitution.
This Schedule deals exclusively with the disqualification of elected members on grounds of defection.
2. Disqualification Grounds
A member of Parliament or State Legislature is disqualified if he/she:
Voluntarily gives up the membership of the political party on whose ticket they were elected.
Votes or abstains from voting in the House contrary to the directives of their political party without prior permission.
3. Exceptions
Defection by a merger of at least one-third of the members of a political party with another party was exempted from disqualification.
Earlier, splits involving one-third of members were allowed without penalty.
4. Authority to Decide Disqualification
The Speaker or Chairman of the House is empowered to decide on questions regarding disqualification.
The decision is final and binding.
5. Objective
To discourage political defections motivated by personal gain.
To strengthen democracy by ensuring stability in governments.
Significance:
The 52nd Amendment was a milestone in Indian politics.
It provided a constitutional mechanism to tackle defections.
The Act curtailed opportunistic shifting of political allegiance and reduced political instability.
Limitations and Criticism:
The exemption for splits of one-third members created a loophole for defections.
Decision-making by Speakers (often partisan) sometimes led to controversies.
Later amendments (like the 91st Amendment in 2003) were introduced to plug some of these loopholes.
Summary Table:
| Aspect | Details |
|---|---|
| Year Enacted | 1985 |
| Key Provision | Insertion of the Tenth Schedule into the Constitution |
| Purpose | To prevent political defections and promote stability |
| Grounds for Disqualification | Voluntarily leaving party or voting against party whip |
| Exemptions | Mergers with at least one-third members exempted |
| Authority to Decide | Speaker or Chairman of the House |
Important Case Law:
The Anti-Defection Law has been upheld and interpreted in many cases, such as Kihoto Hollohan v. Zachillhu (1992), where the Supreme Court upheld the constitutionality of the Tenth Schedule but also laid down guidelines to prevent misuse.
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