Significance of The Fifty Second Amendment

Fifty Second Amendment Act has the following significance:

  • It keeps a check on the corruption in the political parties and defections to acquire power.
  • It provided a sense of stability to the political parties and the legislature and the Parliament.
  • It facilitates merger of political parties, thus paving the way for era of coalition governments.
  • It also provided recognition to the political parties for the first time.

Fifty-Second Amendment Act, 1985 of Indian Constitution

The Fifty-Second Amendment Act provided specific provisions for the disqualification of the members of Parliament and state legislatures on the grounds of defection, that’s why the Fifty-Second Amendment is popularly called as Anti-Defection Law. During the tenure of Rajiv Gandhi’s government, the Parliament of India passed the Fifty-Second Constitution Amendment Act (52nd CAA), in 1985. Anti-Defection Law prevented the defection by ministers from one party to another for certain political gains. In this article, we shall discuss the 52nd Amendment Act in detail.

Table of Content

  • Provisions of Fifty-Second Amendment Act, 1985
  • What is the Tenth Schedule of the Indian Constitution?
  • Amendments to Anti-Defection Law
  • Significance of The Fifty Second Amendment
  • Criticism of The Fifty Second Amendment Act
  • Conclusion
  • FAQs on Fifty-Second Amendment Act, 1985

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Provisions of Fifty-Second Amendment Act, 1985

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What is the Tenth Schedule of the Indian Constitution?

This act amended the Article 102 of the Constitution and added the following clause: Any person who is disqudisqualifiedon the 10th schedule shall also be disqualified to be a member of the Parliament. This act amended the Article 192 of the Constitution and added the following clause: Any person who is disqualified based on the 10th schedule shall also be disqualified to be a member of the state legislative assembly or state legislative council. The act also added a new schedule i.e. 10th schedule to the constitution. Provisions of the 10th schedule have been discussed below....

Amendments to Anti-Defection Law

This schedule was added byFifty-Secondecond Amendment Act, of 1985. This schedule lays down the following conditions for the disqualification of a person to be a member of the state legislature or Parliament. The conditions vary depending upon the fact that whether the person is nominated, independently elected, oa member of a political party. The conditions laid down in the 10th schedule are as follows:...

Significance of The Fifty Second Amendment

91st Amendment Act, 2003 made certain amendments to the provisions added by Fifty Second Amendment Act in the 10th schedule. It removed the provision that prevented the disqualification of a person due to split in the political party. Thus, a person can now be disqualified to be a member of the Parliament or state legislature even in case of split in political party. However, this act upheld the validity of the second provision that prevented the disqualification of a person if he is elected as the presiding officer of the house....

Criticism of The Fifty Second Amendment Act

Fifty Second Amendment Act has the following significance:...

Conclusion

Fifty Second Amendment Act had certain limitations and faced criticism due to this. The criticism of this act is mentioned below:...

FAQs on Fifty-Second Amendment Act, 1985

Despite some loopholes fifty second amendment act has proven to be a great move to curb the problem of defection in the Indian political setup. The recommendations by various committees can be followed in order to strengthen the anti defection law. But still Fifty Second amendment act has been a great step to ensure greater stability in the democratic setup of the country. It has also been very successful to check the defection by ministers and other members and made them more responsible to the legislature and their political party as well as country....