52nd amendment 1985| most imp|

Описание: The 52nd Amendment to the Indian Constitution, enacted in 1985, introduced the Anti-Defection Law, which added the Tenth Schedule to the Constitution. It aims to prevent political defection (party-hopping) by members of Parliament and state legislatures to maintain stability and curb unethical political switching for office or personal gain.

Key Details of the 52nd Amendment Act, 1985:

Purpose: To prevent "Aaya Ram, Gaya Ram" politics—the trend of elected representatives switching party allegiance to secure ministerial positions or other benefits.

The Tenth Schedule: This was inserted into the constitution by the act.

Grounds for Disqualification: A member is disqualified if they voluntarily give up their party membership, or vote/abstain from voting in the House against the party's whip.

Independent Members: If a member is elected as an independent candidate, they are disqualified if they join a political party after the election.

Nominated Members: A nominated member can join a party within six months of taking their seat, but not after that.

Exception: The Act originally allowed for a "split" in the party if one-third of the members broke away, but this was later tightened by the 91st Amendment in 2003, which required a two-thirds majority for a legal merger.

Authority: The power to decide on disqualification rests with the Speaker or the Chairman of the House.

This amendment was aimed at ensuring political accountability and stability within the Indian parliamentary democracy.

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