Question
Download Solution PDFWhich of the following Constitutional Amendment Acts added the 10th Schedule to the Indian Constitution?
This question was previously asked in
RPF Constable 2024 Official Paper (Held On 02 Mar, 2025 Shift 2)
Answer (Detailed Solution Below)
Option 4 : 52nd Amendment Act
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Download Solution PDFThe correct answer is 52nd Amendment Act.
Key Points
- The 52nd Amendment Act of 1985 added the 10th Schedule to the Indian Constitution.
- The 10th Schedule is commonly known as the Anti-Defection Law.
- The Anti-Defection Law lays down the process by which legislators may be disqualified on grounds of defection.
- This amendment aimed to address the issue of political defections by legislators, which were becoming a common problem in Indian politics.
Additional Information
- Defection:
- Defection refers to the act of a member of a legislative body leaving their political party to join another.
- The Anti-Defection Law was introduced to prevent such political defections.
- Disqualification:
- The 10th Schedule outlines the grounds for disqualification of legislators on the grounds of defection.
- A legislator can be disqualified if they voluntarily give up the membership of their party or disobey the party's directives.
- Exceptions:
- The law allows for certain exceptions, such as mergers between parties.
- If a party merges with another and two-thirds of its legislators agree, they are not considered to have defected.
- Authority:
- The presiding officer of the house (Speaker or Chairman) is the authority to decide on disqualification matters under the 10th Schedule.
- However, the decision of the presiding officer is subject to judicial review.
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