Question

Which one of the following amendments lo the Constitution of India sought to curb political defections?
1. 42^nd
2. 52^nd
3. 62^nd
4. 70^th

Answer 1

Correct Answer - Option 2 : 52^nd

The correct answer is 52^nd.

• Anti-Defection Law is also known as The Constitution (52nd Amendment) Act, 1985.
• This Act came into existence to prevent political defections which were prevalent in the nation at the time.
  • Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967.
  • Tenth schedule came into existence in 1985 after 52^nd Amendment Act.
• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.
• This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.  The law applies to both Parliament and state assemblies.
  • ​Whip is a written ordinance which mandates the members of the party should be present in Parliament or state assemblies when an important vote is to be cast. It also deems them to vote in a particular manner.  

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• 42^nd Amendment Act, 1976
  • ​It is also known as Mini constitution of India as lots of provisions came into existence because of this Amendment.
  • The terms 'Socialist, Secular and Integrity' were added in the preamble.
  • Fundamental duties were added under Article 51A and Part IV A
  • 4 new DPSPs were added to the existing ones.
• 62nd Amendment Act, 1989
  • ​This act provided the extension of 10 years for the reservation of scheduled castes and Tribes and Anglo Indian community by nomination. 
• 70th Amendment Act, 1992
  • This Amendment Act included legislature of Delhi and Pondicherry in the electoral college of election of President.
  • Electoral college of president - elected members of Lok Sabha & Rajya Sabha, State legislative assemblies, legislative assembly of Delhi and Pondicherry.