The Anti-Defection Law, which added the Tenth Schedule to the Constitution, was introduced by the:

The 52nd Constitutional Amendment Act, 1985, passed during the government of Prime Minister Rajiv Gandhi, added the Tenth Schedule to the Constitution, which contains the Anti-Defection Law.

Background:

• In the 1960s and 1970s, many legislators changed parties (defected) for the sake of office or money, which caused the frequent fall of governments.
• The phrase "Aaya Ram, Gaya Ram" became popular after a Haryana legislator, Gaya Lal, changed his party three times in a single day.

Grounds for disqualification under the Tenth Schedule:

• A member of a political party is disqualified if he or she voluntarily gives up the membership of the party.
• A member is disqualified if he or she votes or abstains from voting in the House contrary to the direction (whip) of the party, without its prior permission, unless the party condones it within 15 days.
• An independent member is disqualified if he or she joins any political party after the election.
• A nominated member is disqualified if he or she joins a political party after six months from taking the seat.

Exceptions:

• A merger: if at least two-thirds of the members of a legislature party agree to merge with another party, they are not disqualified.
• A member who is elected as the presiding officer and gives up the membership of the party is not disqualified.

Who decides:

• Questions of disqualification are decided by the presiding officer (the Speaker or the Chairman) of the House.
• In the Kihoto Hollohan case (1992), the Supreme Court upheld the validity of the Tenth Schedule, but held that the decision of the presiding officer is subject to judicial review.

Criticism:

Critics say that the law restricts the freedom of legislators to vote according to their conscience, and that presiding officers sometimes delay decisions for political reasons.

Why not the other options?

• ✗The 42nd, 44th and 59th Amendments dealt with other matters.