52nd amendment to the constitution of india deals with

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Another important feature of the Act is that any proclamation of Emergency need henceforward, be issued by the President only after receiving the advice of the Cabinet as a whole in writing. The President will not be called upon to act on the basis of advice by the Prime Minister on his own without consulting his Cabinet. Other safeguards provide that the proclamation will have to be adopted by a two-thirds majority of the members of both Houses of Parliament within a month. The 44th Amendment provides safeguards against future subversion of the Constitution for establishing an authoritarian regime.

It contains provisions which are designed to make it impossible to impose the kind of emergency the country had experienced for 19 months. The Act extends reservation of seats for the Scheduled Castes and the Scheduled Tribes in Parliament and the State Assemblies and the representation of Anglo-Indians by nomination for a further period of 10 years. It seeks to authorise the government to prepare an authoritative text of the Constitution, in Hindi. The Act has made defection to another party, after elections illegal. Any member defecting to another party after elections will be disqualified from being Member of Parliament or State Legislature.

It confers Statehood on Mizoram and ensures against unnecessary interference by the Central Government with the laws relating to spheres of social relationship and community conduct applicable to Mizoram. Special Status of the Jammu and Kashmir. Goa thus became the 25th State of the Indian Republic. It made a special provision for the setting up of the new State of Goa. Consequently Daman and Diu were separated from the former to form a Union Territory. It provides for special arrangements with regard to reservation of seats for Scheduled Tribes in the States of Arunachal Pradesh, Nagaland, Mizoram and Meghalaya.

By amending Article the adjustment of seats has been frozen until A. It empowered the Central Government to impose Emergency in Punjab when deemed necessary. Earlier maximum period was two years. It lowered the voting age from 21 to What is the difference between Nationality and Citizenship? It provided for the extension by another 10 years of reservation of seats in the Parliament and State Assemblies for the Scheduled Castes and Tribes and reservation for Anglo Indian community by nomination.

It repealed Amendment 59 which empowered the government to impose emergency in Punjab. To bring land reforms within the purview of 9th Schedule of the Constitution. Delhi made National Capital Region. The Act also made provision for Legislative assembly and a council of ministers for Delhi. Before this act was made Article 54 relating to the election of the President provided for an electoral college consisting only of the elected members of Parliament as well as the legislative assemblies of the States not of Union Territories.

The amendment provide for inclusion of members of legislature of Pondicherry and Delhi. To make temporary provision for the determination of the number of seats reserved for the Scheduled Tribes in the State assembly of Tripura, until the re-adjustment of seats is made on the basis of the first census after the year under article of the Constitution. To ensure direct election to all seats in Panchayats; to reserve seats for SCs and STs in proportion to their population; and for reservation of not less than one third of the seats in Panchayats for women.

It was made to ensure direct election to all seats in Nagarpalikas and Municipalities. It provides for setting up of State-level Rent Tribunals to exclude the jurisdiction of all courts, except that of the Supreme Court, under Article of the Constitution.

The Supreme Court had ruled on November 16, , that the total reservations under Article 16 40 of the Constitution should not exceed 50 per cent. According to this Act, the Government have decided to continue the existing policy of reservation in promotion for the Scheduled Castes and Scheduled Tribes. It includes land reform laws in the Ninth Schedule so that they cannot be challenged before the courts. It deals with an alternative scheme for sharing taxes between the Union and the States.

Extended ban on readjustment of seats in the Lok Sabha and the state legislature assemblies for another 25 years i. Provides Right to Education until the age of fourteen and early childhood care until the age of six. Provided for readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of census and not census as provided earlier by the 84 th Amendment Act of Made provision for service tax Article A.

Provided for maintaining the erstwhile representation of the Scheduled Tribes in the Assam legislative assembly from the Bodoland Territorial Areas District Article 6. Included Bodo, Dogri, Santali and Maithali as official languages. Provided for 27 percent reservation for other backward classes in government as well as private higher educational institutions.

Added the words "or co-operative societies" after the word "or unions" in Article 19 l c and inserted article 43B related to promotion of co-operative societies and added Part-IXB that is The Co-operative Societies. The amendment provides for the formation of a National Judicial Appointments Commission.

Important Amendments at a Glance. Election to the office of President of India, Presidents of India and their length of Retirement. Presidents of India and their tenure. A verifcation code has been sent to your mobile number. Important Amendments To The Constitution. Hemant Singh Sep 7, Important Amendments in Indian Constitution. The Constitution 6th Amendment Act, 1. Constitutional 8th Amendment Act, 1.

Constitutional 10th Amendment Act, 1. Constitutional 13th Amendment Act, 1. Constitutional 15th Amendment Act, 1. The Constitution 24th Amendment Act, 1. The Constitution 31st Amendment Act, 1. The Constitution 36th Amendment Act, 1. The Constitution 37th Amendment Act, 1.

The Constitution 39th Amendment Act, 1. The Constitution 40th Amendment Act, 1.

The Constitution 42nd Amendment Act, 1. The Constitution 43rd Amendment Act, 1. The Constitution 45th Amendment Act, 1. The Constitution 46th Amendment Bill, 1. The Constitution 52nd Amendment Act, 1. The Constitution 53rd Amendment Act, 1. The Constitution 54th Amendment Act, 1. The Constitution 55th Amendment Act, 1.

The Constitution 57th Amendment Act, 1. The Constitution 58th Amendment Act, 1. The Constitution 59th Amendment Act, 1. The Constitution 61st Amendment Act, 1. The Constitution 62nd Amendment Act, 1. The Constitution 63rd Amendment Act, 1. Immediately, they have joined the political party which has formed the government and have again contested from that political party, which appears to be a fraud and goes against the spirit of the democracy and 52nd constitutional amendment.

The ingenious human brain invented innovative ideas to obtain resignations and, in effect, made the anti-defection law a cover to hide their heinous crime. This law excluded the jurisdiction of judiciary from reviewing the decisions of Speakers. This part was held to be unconstitutional by Supreme Court, while it upheld the rest of the law. The Supreme Court was unanimous in holding that paragraph 7 of tenth schedule completely excluded jurisdiction of all courts including the Supreme Court under Article and High Courts under Articles and in respect of any matter connected with the disqualification of the member of a House.

The Constitution does not allow the legislature to limit the powers of judiciary. Accordingly the Supreme Court reviewed and struck down the order passed by Speaker of Goa Assembly for disqualifying two members in violation of constitutional mandate contained in paragraph 3 of Tenth Schedule to the Constitution. This law has given additional dictatorial power to the political party to keep the flock together for an entire term. It also violates the principle of representative democracy by empowering the party, and undermining the relationship between elected representatives and their constituents.

List of amendments of the Constitution of India

The anti defection law makes a mockery of parliamentary democracy by marginalizing debates, as the legislators are not allowed to dissent, without being disqualified by the House. Disruptions, rather than substantive debate, become the only form of opposition possible. Parliamentary debate has thereby become largely redundant. As the political parties invented mechanisms to fail this constitutional legislation, the judiciary played a very significant role in upholding the legality and morality of the law besides expanding its horizons to curb most treacherous practice of sudden political disloyalty.

This Tenth Schedule whenever used enhancing the burden of courts. The political parties, instead of maintaining standards within the party with effective leadership, are resorting to litigation, begging the courts to decide the political issues, which they failed to settle.

The Karnataka High Court is now engaged with the issue of political leadership of ruling party and manipulative politics of opposition party. This is another unfortunate development. It is not fair to blame judiciary for taking time to decide this tricky question within the frame work of constitution. Neither the Governor nor the Speaker is bona fide. Their moves are not fair. They desperately try to use Constitutional power to settle political scores and wreck political vengeance.

Dependents and Independents There are a few nominated seats provided by the Constitution in legislative houses. Unless he is dependent, he cannot be nominated as legislator. Hence he can decide his loyalty. A nominated member of a house will be disqualified if he joins any political party after six months. That means law permits him to be loyal or disloyal to nominating party only for six months.

If an independent legislator joins a political party he would lose membership. Law mandates an independent legislator to maintain the independent status. He can choose to support any political party but should not attach himself to any. This decision should be supported by the material placed on record. Later they joined a political party and news of their joining was reported in print as well as electronic media.

That fact was allegedly admitted by members in an interview given to a TV news channel. Thereafter those members were disqualified from being members of Assembly by Speaker. The Supreme Court held: This has to be determined on appreciation of material on record and conduct of the member of the Speaker.

No hard and fast rule can be laid down when the answer is dependent on facts of each case. Disqualification of these members by speaker was upheld, despite the allegation of procedural defect in enquiry. Supreme Court also clarified one more question in Jagjit Singh case: In Kihota Hollohon vs. It does not violate their conscience. The provisions do not violate any right or freedom under Articles and of the Constitution.

The Supreme Court held that to the extend that the provisions grant finality to the orders of the Speaker, the provision is valid. Para 7 seeks to change the operation and effect of Articles , and of the Constitution which give the High Courts and Supreme Court jurisdiction in such cases. Any such provision is required to be ratified by state legislatures as per Article 2.

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The paragraph was therefore held invalid as it had not been ratified. In another case an issue was raised that whether a member can be said to voluntarily give up his membership of a Party , if he joins another party after being expelled by his old political party, it was held by S. However, he continues to be a member of the old party as per the Tenth Schedule. So if he joins a new party after being expelled, he can be said to have voluntarily given up membership of his old party.

Such power is not provided for under the Schedule, and is not implicit in the provisions either. In Ravi S, Nayak v. Any violation of those would be a procedural irregularity. Procedural irregularity is immune from judicial scrutiny. Swami Prasad Maurya and Ors. The Court said that ignoring a petition for disqualification is not merely an irregularity but a violation of constitutional duties. Recent Orders on Disqualification by the Speaker for Defection: Koya, JD U , January 9, Koya defied a party whip requiring him to be present in the House and vote against the Motion of Confidence for the government.

He claimed he was too ill to be present in the House. The Speaker concluded that Dr. Shri Prasad defied a party whip requiring him to be present in the House. In his defence, he denied that any whip was issued or served.

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