91st Amendment to the Constitution of India

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The 91st Amendment to the Constitution of India was enacted in 2004 and introduced significant changes, particularly concerning the political landscape of the country. Here are the key features and implications of the 91st Amendment:

Key Features:

  1. Disqualification of Defectors:
  • The amendment strengthened the provisions related to disqualification of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) on grounds of defection.
  • It specified that if an MP or MLA is elected as a member of a political party and then joins another party after the election, they shall be disqualified unless they have been elected as a speaker or in case of a merger of parties.
  1. Anti-Defection Law:
  • It reinforced the existing anti-defection law under the Tenth Schedule of the Constitution, aimed at preventing political instability caused by party switching.
  1. Merger Clause:
  • The amendment introduced a provision that a political party may be deemed to have merged with another party if at least two-thirds of its members agree to the merger. This clause aimed to provide some leeway for party members while still curbing opportunistic defections.
  1. Reservation for Scheduled Castes and Scheduled Tribes:
  • It also addressed the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha and State Legislative Assemblies, extending the reservation to ensure better representation.

Implications:

  • Political Stability: By curbing defections, the amendment aimed to promote political stability and integrity within political parties.
  • Strengthening Democracy: It sought to enhance the role of political parties and uphold the principles of party loyalty and electoral accountability.
  • Challenges in Implementation: While the amendment aimed to curb defections, challenges remain in effectively implementing these provisions, especially in the context of political maneuvering.

Conclusion:

The 91st Amendment to the Constitution of India marked a significant step towards strengthening the anti-defection law and promoting political integrity. By addressing issues related to defections and ensuring better representation for marginalized communities, it aimed to enhance the overall democratic process in the country.

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