Consider the following statements in respect of Anti-defection Law in India?

Answer & Explanation

Correct answer: (C) (i), (ii) and (iii)

(i)Political Parties got Constitutional recognition by 52nd Constitutional Amendment-Correct

• Political parties received constitutional recognition through the 52nd Constitutional Amendment Act, 1985, which added the Tenth Schedule (Anti-Defection Law) to the Constitution. Before this amendment, political parties had no formal constitutional status.

(ii)Anti-defection Law came into effect on March 18, 1985-Correct

• The bill related to anti-defection law received the President’s approval on 15 February 1985 and the act came into effect on 18 March 1985. Parliament added it to the Constitution as the Tenth Schedule in 1985.

(iii)The decision of the Speaker in disqualifying an elected member is subject to judicial review-Correct

• The law initially stated that the decision of the Presiding Officer i.e Specker is not subject to judicial review. This condition was struck down by the Supreme Court in Kihoto Holohan Case, 1992, thereby allowing an appeal against the Presiding Officer’s decision in the High Court and Supreme Court.

(iv)Anti-defection law comes in action if there is split in the Political Party.-incorrect

• Originally, the Anti-Defection Law had a provision recognising splits in political parties (one-third of members forming a separate group). However, this split provision was deleted by the 91st Constitutional Amendment Act, 2003. Now, the Anti-Defection Law only recognises a merger (at least two-thirds of members agreeing to merge with another party), not a split.