Chapter 86 Anti-Defection Law

1. What was the purpose of the 52nd Amendment Act of 1985?

2. What changes did the 52nd Amendment Act of 1985 make to the Constitution?

3. What is the 52nd Amendment Act of 1985 commonly referred to as?

4. What change did the 91st Amendment Act of 2003 make to the Tenth Schedule?

5. What are the conditions under which a member of a political party becomes disqualified for being a member of the House?

6. What is the implication of the anti-defection law for a member elected on a party ticket?

7. When does an independent member of a House become disqualified?

8. When does a nominated member of a House become disqualified?

9. What is the implication for a nominated member joining a political party within six months of taking their seat?

10. What are the two cases in which disqualification on the ground of defection does not apply?

11. What provision of the Tenth Schedule was deleted by the 91st Amendment Act of 2003?

12. What is the implication of this deletion for defectors?

13. Who is the deciding authority for questions regarding disqualification arising out of defection?

14. Is there a time-limit for the presiding officer to decide a defection case?

15. What did the Kihoto Hollohan case (1992) rule regarding the presiding officer’s decision on defection?

16. What powers does the presiding officer of a House have regarding rule-making for the Tenth Schedule?

17. What is the process for these rules to come into effect?

18. What is the consequence of wilful contravention of these rules by a member?

19. When can the presiding officer take up a defection case according to the rules?

20. What is required before the presiding officer makes a final decision in a defection case?

21. Does defection have an immediate and automatic effect?

22. What is the primary advantage of the anti-defection law regarding political stability?

23. How does the anti-defection law facilitate democratic realignment of parties?

24. What are the economic benefits of the anti-defection law?

25. What constitutional recognition did the anti-defection law provide for the first time?

26. What is a major criticism of the anti-defection law regarding dissent and defection?

27. What is the criticism regarding the anti-defection law’s distinction between individual and group defection?

28. Does the anti-defection law provide for the expulsion of a legislator for activities outside the legislature?

29. What is the criticism regarding the anti-defection law’s discrimination between independent and nominated members?

30. What are the two grounds for criticism regarding the vesting of decision-making authority in the presiding officer?

31. What did two Lok Sabha Speakers (Rabi Ray—1991 and Shivraj Patil—1993) express doubts about regarding their suitability to adjudicate defection cases?

32. What was the primary reason given by the Government of India for introducing the 91st Amendment Bill (2003)?

33. What did the Dinesh Goswami Committee (1990), the Law Commission of India (1999), and the NCRWC (2002) recommend regarding the Tenth Schedule?

34. What did the NCRWC recommend regarding penalties for defectors?

35. What did the NCRWC observe about the size of Councils of Ministers?

36. What is the maximum percentage of the total strength of the Lok Sabha that the Central Council of Ministers (including the Prime Minister) shall not exceed?

37. What is the consequence for a member of Parliament or state legislature who is disqualified on the ground of defection regarding appointment as a minister?

38. What is the maximum percentage of the total strength of the Legislative Assembly that the Council of Ministers in a state (including the Chief Minister) shall not exceed?

39. What is the minimum number of ministers allowed in a state’s Council of Ministers?

40. What is the consequence for a member of a state legislature who is disqualified on the ground of defection regarding appointment as a minister?

41. What is the consequence for a member of Parliament or state legislature who is disqualified on the ground of defection regarding holding a remunerative political post?

42. What does the expression “remunerative political post” mean?

43. What specific provision of the Tenth Schedule was deleted by the 91st Amendment Act of 2003?

44. What Articles relate to the vacation of seats and disqualification from membership of Parliament and state legislatures, as per footnote 1?

Speaker in parliamentary democracy?

46. What was Soli J. Sorabjee’s observation in The Times of India (Sunday Review), February 1, 1985, regarding the anti-defection law?

47. What was Madhu Limaye’s observation in Contemporary Indian Politics, 1989, regarding the anti-defection law?

48. What was Speaker Shivraj Patil’s statement regarding giving defection cases to the judiciary?