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Question

The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of ___________. (a) Deflection of one political party to another (b) Detection of a member (c) Defection from ruling to another side (d) None of these.


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Solution

The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of Deflection of one political party to another.

Anti deflection law

The 10th Schedule of the Indian Constitution is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. The Anti-defection law was passed by Parliament in 1985 and was reinforced in 2002.

  • The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution.
  • ‘Defection’ has been defined as per the constitution as, “To abandon a position or association, often to join an opposing group”.
  • The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and or else on doing so he will lose his membership of the House.
  • The law applies to both Parliament and state assemblies.
  • The aim of the Anti-Defection Law is to prevent MPs from switching political parties for any personal motive.

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