Anti - Defection law ( India )  1985 | 52nd Amendment in 1985 |  52th amendment | anti defection law amendment Anti-defection law (india) 1...

 Anti - Defection law ( India ) 1985 | 52nd Amendment in 1985 | 52th amendment | anti defection law amendment

Anti-defection law (india) 1985 | 52th Amendment 

Background

In the 1960s and 1970s, Indian politics was notorious for 'Ayaram Gayaram'. Gaya Lal was elected as an independent in the 1967 Haryana Assembly elections.

 He later joined the Congress. He had defected three times in the next fortnight. First went to the Congress, then joined the United Front. He then rejoined the Congress and then rejoined the United Front within nine hours.

It is estimated that between 1967 and 1971, at least fifty per cent of the nearly four thousand MLAs / MPs had defected. From then on, the term 'Ayaram-Gayaram' came into use.

Partisanship Act -

 Rajiv Gandhi passed the 52nd Amendment in 1985 and immediately passed the Non-Alignment Act.

Provisions were made to disqualify members of Parliament and the State Legislature for reasons of defection, and a new appendix detailing this was included in Appendix 10.

The Dinesh Goswami Committee of 1978 had recommended such a law.

This law is included in the tenth appendix to the Constitution. An important provision in these laws is that the MLA's candidature is revoked if he leaves the party on which he won the election.

 Similarly, if the MLA / MP votes in the House against the whip of the party, the MLA / MP can be canceled.

An important provision of the Anti-Secession Act is that if at least one-third of the MLAs leave the party, it is considered a 'split' in the party without considering it a 'secession'. The legislature of the rebels will not be canceled as it is divided.

After 1985, instead of four or two MLAs, the party started gathering at least one third of the MLAs.

To curb this, the 91st Amendment was amended in 2003 and the limit has been increased from 1/3 to 2/3.