Question #21
2006
π Question
Which of the following has banned floor crossing by members elected on a party ticket to the Legislature?
β Options
A
52nd Constitutional Amendment
β Correct Answer
B
People's Representation Act
C
National Security Act
D
Maintenance of Internal Security Act
π‘ Explanation
- The 52nd Amendment, also known as the AntiDefection Act, bans floor crossing.
- The People's Representation Act, National Security Act, and Maintenance of Internal Security Act do not address floor crossing.
π Key Points:
Note:
The AntiDefection Law in India was enacted to prevent political defections by legislators.
- It was introduced through the 52nd Amendment to the Constitution in 1985 and is included in the Tenth Schedule.
- The law disqualifies Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) if they switch parties after being elected.
- A member can be disqualified if they voluntarily give up their party membership or vote against party directions in the legislature (without prior permission).
- However, if at least twothirds of the members of a party decide to merge with another party, they are exempt from disqualification.
- The law aims to ensure political stability by discouraging opportunistic partyswitching.
The Speaker of the House has the authority to decide on disqualification cases under this law.