Question

Provisions as to disqualification on the ground of defection was first incorporated in the Constitution of India vide

• A. The Constitution (Forty Fourth Amendment) Act, 1978
• B. The Constitution (Forty Second Amendment) Act, 1976
• C. The Constitution (Fifty Second Amendment) Act, 1985
• D. The Constitution (Forty Ninth Amendment) Act, 1984

Answer 1

The Correct Option is C

The provisions regarding disqualification on the grounds of defection were introduced in the Indian Constitution to restore stability and dignity to the parliamentary procedures. This issue of defection, where elected representatives switch parties, threatened the democratic foundation as it led to instability in the government and deviated from the mandate given by the electorate. To curb this menace, significant changes were made in the legislative framework.

The Constitutional amendment addressing this issue is the Constitution (Fifty Second Amendment) Act, 1985. This amendment added the Tenth Schedule to the Constitution, which laid down the process for disqualification of elected members on the grounds of defection. The key provisions are:

• A member of a House belonging to any political party shall be disqualified if he voluntarily gives up his membership to the party or votes in the House contrary to any direction issued by the political party without prior permission, unless the action is condoned by the party within a stipulated time.
• Independent members will be disqualified if they join a political party after the election.
• Nominated members will be disqualified if they join any political party six months after becoming a member of the legislature.

This amendment was a critical step towards ensuring that elected representatives adhere to the principles and ideologies on which they were elected and maintain political stability by discouraging opportunistic party switching.

Therefore, the correct answer to the question "Provisions as to disqualification on the ground of defection was first incorporated in the Constitution of India vide" is:

The Constitution (Fifty Second Amendment) Act, 1985.