Which of the following statements are correct in respect of Anti-Defection Law?

(1) Anti-defection Law found place in the Constitution by 52^nd Constitutional Amendment

(2) The Tenth Schedule of Indian Constitution was inserted in the Constitution in the year 1989

(3) The Anti-defection Law was reinforced in the year 2002

(4) If any Member who is independently elected joins any political party, he is not disqualified

The correct answer is option 2

Key Points

• The Anti-defection Law was included in the Constitution by the 52nd Constitutional Amendment Act in 1985.
• The main aim of the law was to curb political defections by the legislators.
• It is specified in the Tenth Schedule of the Indian Constitution.
• If a member of a house belonging to any political party voluntarily gives up his membership of such political party, he is disqualified.

Important Points

• The 52nd Amendment Act of 1985 added the Tenth Schedule to the Indian Constitution.
• The Tenth Schedule contains provisions regarding disqualification on the ground of defection by the members of Parliament and the State Legislatures.
• The Anti-defection Law was not reinforced specifically in the year 2002, but the 91st Constitutional Amendment Act of 2003 further strengthened the provisions of the law.
• According to the law, if an independently elected member joins any political party, he or she is disqualified from being a member of the house.

Additional Information

• 52nd Constitutional Amendment Act: This amendment added the Tenth Schedule to the Indian Constitution, which contains the Anti-defection Law.
• Tenth Schedule: The Tenth Schedule was inserted by the 52nd Amendment Act of 1985 and lays down the process by which legislators may be disqualified on grounds of defection.
• 91st Constitutional Amendment Act: Enacted in 2003, this act made provisions to limit the size of the Council of Ministers to curb the possibility of defection for ministerial berths.
• Disqualification for Independently Elected Members: According to the Anti-defection Law, if an independently elected member joins a political party after the election, they are disqualified from being a member of the house.