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What is the 52nd Amendment of the Indian Constitution and why was it introduced?
Defection is the desertion of the political party by their members to join another party. Through the 52nd Amendment Act,1985 (aka Anti-Defection Law),the 10th Schedule was added in the Indian Constitution to bring stability to the government by punishing the legislatures who change their parties frRead more
Defection is the desertion of the political party by their members to join another party. Through the 52nd Amendment Act,1985 (aka Anti-Defection Law),the 10th Schedule was added in the Indian Constitution to bring stability to the government by punishing the legislatures who change their parties from one-to-another. The constitutional provisions are given under Article 102 and 191,which talks about the disqualification of MPs and MLAs, respectively.
GROUNDS FOR DEFECTION
1.If an elected member resigns voluntarily from the membership of the political party of his choice.
2.If he votes or does not vote in the House, contrary to any instructions given by his political party.
3.If any member who is independently elected joins any party.
4.If any nominated member joins any political party after the end of 6 months
EXCEPTIONS
1.when two-third of members decide to merge their party into another, then no Anti-Defection Law would be applied
2.when the speaker resigns from his party to fulfill his duties.
ADVANTAGES
1.it brought stability to the political parties
2.it reduced the corruption as it limits the power of the legislator to switch from one party to another for their personal gain.
3.The voters’ decision is respected and upheld
4.It strengthens the democracy.