Q. Which of the following statements are correct in respect of Anti-Defection Law?
(1) Anti-defection Law found place in the Constitution by 52nd Constitutional Amendment
(2) The Tenth Schedule of Indian Constitution was inserted in the Constitution in the year 1989
(3) The Anti-defection Law was reinforced in the year 2002
(4) If any Member who is independently elected joins any political party, he is not disqualified
(A) 2 and 4
(B) 1 and 3
(C) 1 and 2
(D) 3 and 4
Question from Odisha OCS Paper 1 2024
The correct answer is (B) 1 and 3.
Explanation:
1. Statement 1: Correct. The Anti-Defection Law was introduced in the Constitution through the 52nd Constitutional Amendment Act, 1985, which added the Tenth Schedule to the Indian Constitution.
2. Statement 2: Incorrect. The Tenth Schedule was inserted in the Constitution in 1985, not 1989.
3. Statement 3: Correct. The Anti-Defection Law was reinforced and clarified through the 91st Constitutional Amendment Act, 2003, which came into effect in 2004. This amendment placed additional restrictions on defections, such as limiting the size of the Council of Ministers and disqualifying defectors from holding ministerial positions.
4. Statement 4: Incorrect. If an independently elected member joins a political party after the election, they are disqualified under the Anti-Defection Law as per the provisions of the Tenth Schedule.
Thus, the correct statements are 1 and 3.
