52nd Constitutional Amendment Act 1985

Polity & Governance glossary

Also called: 52nd Constitutional Amendment Act · Topic: Political Parties, Party Systems and Anti-defection · NCERT: Class 11, Ch 5 "Legislature"

Meaning

The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule to the Constitution. This is known as the anti-defection law. Under it, a legislator loses their seat for leaving their party or voting against its whip, the party's instruction on how to vote. The Act also amended Articles 101, 102(2), 190 and 191(2), which list the grounds on which members lose their seats. Its aim was to stop legislators from changing sides for posts or money.

Example

In 1967 Gaya Lal, an MLA in Haryana, changed parties three times in a fortnight. This gave rise to the phrase "Aya Ram, Gaya Ram". After 1967, defections brought down Congress governments in Haryana, Madhya Pradesh and Uttar Pradesh, and the 1985 amendment was passed to stop this.

Don't confuse with

  • 91st Constitutional Amendment Act, 2003: it removed the "split" exception, which had protected a breakaway group of one-third of a legislature party. It also capped the Council of Ministers at 15% of the House and barred disqualified defectors from becoming ministers.

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