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Anti-Defection Laws - Constitutional Validity

By V. J. Rao

Published In

Air 1988

The anti-defection laws were brought on the Statute Book by the Constitution (Fifty-Second Amendment) Act, 1985 amending Articles 102 and 191 and adding the Tenth Schedule to the Constitution of India. Though this is an Act of the Parliament, but it is by way of an amendment to the Constitution. After the Kesavananda Bharathi's case (AIR 1973 SC 1461) the power of the Parliament to amend the Constitution became wider except the area (touching basic features of the Constitution. The earlier ruling in GolakNath (AIR 1967 SC 1643) prevented the Parliament from amending Part III of the Constitution. But by the 24th Amendment of the Constitution in 1971, sub-Art. (4) was inserted in Art. 13 laying down that "Nothing in this Article shall apply to any amendment of this Constitution made under Art. 368." In the Kesawananda's the Supreme Court considered the scope of this sub-Article along with Article 368 and held that the amendatory power of the Parliament does not include the b ....

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