Q1. 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?
- (a) It inserted the Tenth Schedule in the Constitution, laying down the procedure for the impeachment of the President.
- (b) It empowered the President to dismiss Members of Parliament for anti-party activities.
- (c) It added the Tenth Schedule to the Constitution, providing the grounds for disqualification of legislators on grounds of defection.
- (d) It gave the Election Commission the final authority to decide on disqualifications under the anti-defection law.
Answer & solution
Answer: (c) It added the Tenth Schedule to the Constitution, providing the grounds for disqualification of legislators on grounds of defection.
The 52nd Amendment Act, 1985 inserted the Tenth Schedule, the anti-defection law, and amended Articles 101, 102, 190 and 191.
It lays down when an MP or MLA loses the seat for defecting, and the decision rests with the Speaker or Chairman, not the President or the Election Commission.
Revision note — The anti-defection law (Tenth Schedule)
• Added by the 52nd Constitutional Amendment Act, 1985, during the government of Rajiv Gandhi, and in force from 1 March 1985.
• A party member is disqualified if he voluntarily gives up membership of that party.
• He is also disqualified if he votes or abstains against the party whip without prior permission and is not pardoned within 15 days.
• An independent member is disqualified if he joins any political party after being elected; a nominated member is disqualified if he joins a party after six months of taking his seat.
• The Speaker of the House, or the Chairman of the Rajya Sabha, decides the question of disqualification.
• In Kihoto Hollohan v. Zachillhu (1992) the Supreme Court held that this decision is open to judicial review.
• The 91st Amendment Act, 2003 deleted the exemption for a one-third split, leaving only a two-thirds merger as a defence, and capped the Council of Ministers at 15 per cent.
• The Tenth Schedule does not apply to the Speaker or Chairman who gives up party membership on election to that office.
Do not mix these up
• Tenth Schedule vs Twelfth Schedule — the Tenth is the anti-defection law (52nd Amendment, 1985); the Twelfth lists the 18 functions of municipalities (74th Amendment, 1992).
• Split vs merger — the one-third split defence was removed in 2003; only a two-thirds merger now saves a defector from disqualification.
Also asked from this topic: the Schedule added for disqualification on defection (Schedule X); the amendment that introduced the anti-defection law (52nd, 1985); what disqualifies an independent MP (joining a party after election).