This Exam Covers the Following Topics

1. 52nd Amendment Act of 1985:
   • Introduction of the anti-defection law.
   • Changes made to the Constitution (four articles) and addition of the Tenth Schedule.
2. 91st Amendment Act of 2003:
   • Removal of the exemption for disqualification in case of splits.
   • Additional changes to strengthen the anti-defection law.
3. Provisions of the Tenth Schedule:
   • Disqualification criteria for members of Parliament and state legislatures on the grounds of defection.
   • Rules for disqualification of members based on party switching, independent members joining parties, and nominated members joining parties after six months.
4. Exceptions to Disqualification:
   • Circumstances under which a member is exempt from disqualification (e.g., mergers of political parties and resignation as a presiding officer).
5. Deciding Authority:
   • Role and authority of the Speaker or Chairman in deciding cases of disqualification.
   • Supreme Court’s ruling on judicial review of the Speaker’s decisions (Kihoto Hollohan case).
6. Rule-Making Power:
   • Powers of the presiding officer to make rules to give effect to the provisions of the Tenth Schedule.
   • Procedures for handling defection cases, including complaints, explanations, and referral to the Committee of Privileges.
7. Evaluation of the Anti-Defection Law:
   • Advantages of the law, such as promoting political stability, reducing corruption, and recognizing political parties constitutionally.
   • Criticisms and lacunae, including the lack of differentiation between dissent and defection, issues with impartiality of the presiding officer, and irrational distinctions between types of defections.
8. 91st Amendment Act (2003) – Detailed Provisions:
   • Limitations on the size of the Council of Ministers at both central and state levels.
   • Debarring defectors from holding public office or remunerative political posts.
9. Relevant Cases and Committees:
   • Supreme Court cases, such as Kihoto Hollohan vs. Zachillhu, which impacted the interpretation and application of the anti-defection law.
   • Recommendations from the Dinesh Goswami Committee, Law Commission of India, and National Commission to Review the Working of the Constitution (NCRWC) regarding reforms to the anti-defection law.

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