What was the amendment done to the Indian Constitution by 52 nd amendment done in 1985?
Anti-defection law was included
Understanding the 52nd Amendment of the Indian Constitution
The question asks about the specific amendment made to the Indian Constitution by the 52nd Amendment Act, passed in 1985. This amendment is quite significant in the history of Indian parliamentary democracy.
Let's examine the options provided to determine which one accurately reflects the change brought about by the 52nd Amendment:
Analyzing the Options and the 52nd Amendment
- Option 1: Anti-defection law was included
The 52nd Amendment Act of 1985 is famously known for introducing the anti-defection law in India. Its main objective was to prevent Members of Parliament (MPs) and Members of State Legislatures (MLAs) from switching political parties after being elected. This amendment added the Tenth Schedule to the Constitution, which lays down the provisions for disqualification of elected members on the grounds of defection.
- Option 2: Amendment to the Union and State lists with respect to raising of taxes
Amendments related to the distribution of legislative powers, including taxation, between the Union and States involve changes to the Seventh Schedule (Union List, State List, Concurrent List). While there have been various amendments concerning financial matters, the 52nd Amendment was not primarily focused on amending the lists regarding the raising of taxes.
- Option 3: The words ‘socialist secular’ added to the preamble
The Preamble of the Constitution was amended by the 42nd Amendment Act in 1976, during the Emergency. It was through this amendment that the words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble. Therefore, this option is related to the 42nd Amendment, not the 52nd Amendment.
- Option 4: Formation of Sikkim as a state within the Indian Union
Sikkim became a full-fledged state of the Indian Union in 1975 through the 36th Amendment Act. This amendment integrated Sikkim into India and added Article 371F to the Constitution, containing special provisions for the state. This happened in 1975, whereas the 52nd Amendment was passed in 1985.
Based on the analysis of each option and the historical context of constitutional amendments, it is clear that the 52nd Amendment Act, 1985, is directly associated with the introduction of the anti-defection law in India and the addition of the Tenth Schedule to the Constitution.
| Amendment Act | Year | Key Change/Event |
|---|---|---|
| 36th Amendment | 1975 | Sikkim becomes a state of the Indian Union |
| 42nd Amendment | 1976 | Added 'Socialist', 'Secular', 'Integrity' to Preamble; major changes to various parts |
| 52nd Amendment | 1985 | Introduction of Anti-defection Law (Tenth Schedule) |
Therefore, the correct description of the amendment done to the Indian Constitution by the 52nd Amendment in 1985 is the inclusion of the anti-defection law.
Revision Table: Important Constitutional Amendments
| Amendment No. | Year | Key Provision |
|---|---|---|
| 1st | 1951 | Added 9th Schedule; amended right to property, freedom of speech |
| 42nd | 1976 | Mini-Constitution; added Preamble words, Fundamental Duties, etc. |
| 44th | 1978 | Removed Right to Property from Fundamental Rights; reversed some 42nd changes |
| 52nd | 1985 | Anti-defection Law, Tenth Schedule |
| 61st | 1989 | Reduced voting age from 21 to 18 |
| 73rd | 1992 | Panchayati Raj Institutions, Part IX, 11th Schedule |
| 74th | 1992 | Urban Local Bodies, Part IXA, 12th Schedule |
| 86th | 2002 | Right to Education under Article 21A |
| 101st | 2016 | Goods and Services Tax (GST) |
Additional Information on Anti-defection Law (52nd Amendment)
The anti-defection law introduced by the 52nd Amendment aims to bring stability to governments by discouraging elected legislators from changing parties. It was a response to the frequent practice of 'Aaya Ram Gaya Ram' (a phrase describing political horse-trading). Key aspects include:
- Disqualification grounds: Voluntarily giving up membership of the party, voting or abstaining contrary to party direction without prior permission, or joining another party after being elected as an independent.
- Decision Authority: The final authority on disqualification rests with the presiding officer of the House (Speaker in Lok Sabha/Assembly, Chairman in Rajya Sabha/Council).
- Exceptions: Originally, splits (when 1/3rd of members defect) and mergers (when 2/3rd of members defect) were exceptions. The 91st Amendment Act, 2003, removed the 'split' exception.
This law has been a subject of debate regarding the balance between party discipline and the freedom of expression of legislators.
Important Questions from Basics of Constitution
Which of the following statements with respect to Article 22 of the Constitution and Criminal Law on fundamental rights of an arrested person is NOT correct?
India recognizes the Right to _______ as being part of Right to Life (Article 21).
Which of the following languages is NOT a part of the Eighth Schedule of the Constitution?
Which of the following constitutional amendments provided for the Right to Education?
When did the Indian Constituent assembly adopt the constitution?
