Question

Which Constitutional Amendment puts a legal check on defection ?
1. 51st Constitutional Amendment
2. 52nd and 91st Constitutional Amendments
3. 53rd Constitutional Amendment
4. 55th Constitutional Amendment

Answer 1

Correct Answer - Option 2 : 52nd and 91st Constitutional Amendments

The correct answer is the 52nd and 91st Constitutional Amendments.

• The Tenth Schedule popularly known as the Anti-Defection Act was included in the Constitution via the 52nd Amendment Act, 1985 and sets the provisions for disqualification of elected members on the grounds of defection to another political party.
• The anti-defection law was enacted during the Rajiv Gandhi government in 1985.
• Parliament added it to the constitution in the year 1985.
• It was added in the Tenth Schedule.
• According to 91st CAA, 2003, at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law.
• The speaker or the chairman of the respective legislative house decide on disqualification arising out of defection.