Illustrate features of the 52nd Amendment of the Indian Constitution. Discuss its advantages and drawbacks.
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The 52nd Amendment to the Indian Constitution was enacted in 1985. It primarily addressed issues related to the Anti-Defection Law, which sought to curb political defections by elected members from one political party to another.
It is Unethical in a democracy to Defect, Betraying the mandate of the people.
Reasons to have The anti Defection Are as follows:
. Anti Defection Leads to Political instability.
. It undermines The principals of Ethics and Fairness in a Democracy
. It erodes the faith of People in Democracy and Democratic Institutions.
. It leads to inconsistency in policymaking and Disqualification.
Reasons for Disqualification:
– If a member voluntarily gives up the Primacy membership of his party
– If an independent members joins a political party.
– Nominated members joining a party After 6 months.
– If less than 2/3rd members leave the party, Change the party, etc.
Decision making power Under xth Schedule:
. The Decision Under the Xth Schedule is taken By the Speaker of The house or The presiding officer.
. Decision under the Xth Schedule is Subject to Judicial Review ( Kihoto Hollohan case)
. The principal Of locus Standai doesn’t apply and Anybody can complain to the speaker.
Supreme court on the Xth Schedule:
. The supreme Court has Recommended that the decision Under the Xth Schedule should be taken By an independent Tribunal comprising of former judges because there a likelihood of the speaker being biased as he usually belongs to the Rulling party.
It is Hardly of Any doubt that After the Enactment of the Xth Schedule there has been some improvement in members Switching the Parties. But considering what has happened in many states in the last few years For ex- Maharastra, Madhya Pradesh etc. A revisiting of this Law is needed To Further Strengthening Our Democracy And Also ”making citizens of our country confident that their mandate will not be made a mockery of.”
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.
The Anti-Defection Law is another name for the 52nd Amendment to the Indian Constitution, which was passed in 1985. It amended the Constitution by adding the Tenth Schedule, which describes the procedure for removing lawmakers for defection. The purpose of this law was to prevent political defections brought about by the promise of financial benefits or position.
Benefits:
Cons:
In general, the 52nd Amendment presents issues with individual freedom and the consolidation of power, even as it seeks to reinforce the political system.
The 52nd Amendment of the Indian Constitution, also known as the Anti-Defection Law, was introduced in 1985 to prevent the problem of political defections by members of the legislature.
The key features of the 52nd Amendment are: