The anti-defection provisions were incorporated in the Constitution through which one of the following Constitutional Amendments ?
- A.50th Amendment
- B.52nd Amendment
- C.58th Amendment
- D.61st Amendment
Correct answer
Explanation
The correct answer is B, 52nd Amendment. The 52nd Amendment Act of 1985 added the Tenth Schedule, which holds the anti-defection law.
Passed under Prime Minister Rajiv Gandhi, the 52nd Amendment disqualifies a member of Parliament or a state legislature who voluntarily gives up the membership of their party, or votes or abstains against the party whip without permission. The Speaker or Chairman of the House decides such cases. The 91st Amendment of 2003 tightened the law by removing the exemption for a split by one-third of a party's members; only a merger backed by two-thirds of the legislature party is now protected. In Kihoto Hollohan (1992), the Supreme Court upheld the law but made the presiding officer's decisions open to judicial review.
A is wrong: the 50th Amendment (1984) concerns restrictions on the rights of members of the armed forces and intelligence bodies. C is wrong: the 58th Amendment (1987) provided an authoritative Hindi text of the Constitution. D is wrong: the 61st Amendment (1989) lowered the voting age from 21 to 18.
Exam tip: 52nd Amendment (1985) = Tenth Schedule; 91st Amendment (2003) = split exemption removed.
Practice Questions
View allWhich of the following provision(s) of the Constitution of India became effective from 26th November 1949? 1. Elections 2. Citizenship 3. Emergency provisions 4. Appointment of the Judges Select the correct answer using the code given below :
- A.1 only
- B.1 and 2 only
- C.1,2 and 3
- D.2 and 4
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The provisions on citizenship and elections came into force on 26 November 1949, the day the Constituent Assembly adopted the Constitution.
Read the full explanation →Which of the following are the functions of the National Human Rights Commission (NHRC)? 1. Inquiry at its own initiative on the violation of human rights 2. Inquiry on a petition presented to it by a victim 3. Visit to jails to study the condition of the inmates 4. Undertaking and promoting research in the field of human rights Select the correct answer using the code given below.
- A.1 and 2 only
- B.2, 3 and 4 only
- C.1, 3 and 4 only
- D.1, 2, 3 and 4
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Section 12 of the Protection of Human Rights Act, 1993 gives the NHRC every one of these four functions. The NHRC is a statutory body, not a constitutional one, set up on 12 October 1993 under the Protection of Human Rights Act, 1993.
Read the full explanation →As per the State List under the Seventh Schedule of the Constitution of India, the States have jurisdiction over agricultural land in connection with which of the following subjects? 1. Taxes on agricultural income 2. Duties in respect of succession of agricultural land 3. Estate duty in respect of agricultural land Select the correct answer using the code given below.
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
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All three are State List subjects: taxes on agricultural income, duties on succession to agricultural land and estate duty on agricultural land.
Read the full explanation →Which of the following statements is/are correct? 1. First Law Commission recommended Indian Penal Code, 1860. 2. Indian Penal Code, 1860 has been completely replaced by the Bharatiya Nyaya Sanhita, 2023. Select the answer using the code given below :
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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The Indian Penal Code was drafted on the recommendation of the First Law Commission, and the Bharatiya Nyaya Sanhita, 2023 repealed and replaced it.
Read the full explanation →Through the Forty Second Amendment to the Constitution of India, which of the following was/were inserted into its Preamble? 1. 'Liberty of thought, expression and belief' was substituted by 'Liberty of thought, expression, belief, faith and worship'. 2. The expression 'Unity of the Nation' was substituted by 'Unity and Integrity of the Nation'. Select the correct answer using the code given below.
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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The 42nd Amendment of 1976 changed 'unity of the Nation' to 'unity and integrity of the Nation', but it did not touch the words on liberty.
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