THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT 1985
SECTION OF: 1-5
FIFTY-SECOND AMENDMENT
Statement of Objects and Reasons appended to the Constitution (Fifty-second Amendment) Bill, 1985 (Bill No. 22 of 1985) which was enacted as THE CONSTITUTION (Fifty-second Amendment) Act, 1985
STATEMENT OF OBJECTS AND REASONS
The evil of political defections has been a matter of national concern. If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it. With this object, an assurance was given in the Address by the President to Parliament that the Government intended to introduce in the current session of Parliament an anti-defection Bill. This Bill is meant for outlawing defection and fulfilling the above assurance.
2. The Bill seeks to amend the Constitution to provide that an elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of a political party at the time he takes his seat or who becomes a member of a political party within six months after he takes his seat would be disqualified on the ground of defection if he voluntarily relinquishes his membership of such political party or votes or abstains from voting in such House contrary to any direction of such party or is expelled from such party. An independent member of Parliament or a State Legislature shall also be disqualified if he joins any political party after his election. A nominated member of Parliament or a State Legislature who is not a member of a political party at the time of his nomination and who has not become a member of any political party before the expiry of six months from the date on which he takes his seat shall be disqualified if he joins any political party after the expiry of the said period of six months. The Bill also makes suitable provisions with respect to splits in, and mergers of, political parties. A special provision has been included in the Bill to enable a person who has been elected as the presiding officer of a House to sever his connections with his political party. The question as to whether a member of a House of Parliament or State Legislature has become subject to the proposed disqualification will be determined by the presiding officer of the House; where the question is with reference to the presiding officer himself, it will be decided by a member of the House elected by the House in that behalf.
3. The Bill seeks to achieve the above objects.
MEW DELHIS; A. K. SEN.
The 23rd January, 1985.
THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT 1985
[15th February, 1985.]
: An Act further to amend the Constitution of India.
BE it enacted Parliament in the Thirty-sixth Year of the Republic of India as follows:-
1. Short title and commencement.-(1) This Act may be called the Constitution (Fifty-second Amendment) Act, 1985.
(2) It shall come into force on such date_671 as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of article 101.-In article 101 of the Constitution, in sub-clause (a) of clause (3), for the words, brackets and figures "clause (1) of article 102", the words, brackets and figures "clause (1) or clause (2) of article 102" shall be substituted.
3. Amendment of article 102.-In article 102 of the Constitution,-
(a) for the brackets, figure and words "(2) For the purposes of this article", the words "Explanation.-For the purposes of this clause" shall be substituted;
: (b) the following clause shall be inserted at the end, namely:-
"(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.". 4. Amendment of article 190.-In article 190 of the Constitution, in sub-clause (a) of clause (3), for the words, brackets and figures "clause (1) of article 191", the words, brackets and figures "clause (1) or clause (2) of article 191" shall be substituted.
5. Amendment of article 191.-In article 191 of the Constitution,-
(a) for the brackets, figure and words "(2) For the purposes of this article", the words "Explanation.- For the purposes of this clause" shall be substituted;
(b) the following clause shall be inserted at the end, namely:-
"(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.".
6. Addition of Tenth Schedule.-After the Ninth Schedule to the Constitution, the following Schedule shall be added, namely:--
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