The 52nd Amendment Act of the Indian Constitution is a constitutional amendment that introduced the Anti-Defection Law in India. Enacted in 1985, it was created to address the problem of frequent political defections by elected representatives, which had led to significant political instability and the collapse of governments, famously encapsulated by the phrase "Aaya Ram, Gaya Ram". The Act's main objective was to bring stability and discipline to parliamentary democracy by discouraging opportunistic politics and "horse-trading".
The Act works by adding the Tenth Schedule to the Constitution of India, which contains the provisions for disqualification on the ground of defection. A Member of Parliament (MP) or Member of Legislative Assembly (MLA) can be disqualified if they voluntarily give up the membership of their political party, or if they vote or abstain from voting in the House contrary to any direction issued by their party (the party whip). The law also applies to independent members who join a political party after election and nominated members who join a party after six months of being sworn in. The final decision on disqualification rests with the Speaker or Chairman of the respective House.
The 52nd Amendment is closely connected to the 91st Amendment Act, 2003, which significantly changed its provisions. The original 1985 Act allowed for an exception to disqualification if a 'split' occurred, meaning at least one-third of the members of a political party formed a separate group. The 91st Amendment, 2003, removed this 'split' provision entirely, strengthening the law. However, the exception for a 'merger' remains, where a party can merge with another if at least two-thirds of its members agree to the merger. The constitutional validity of the Anti-Defection Law was upheld by the Supreme Court in the landmark judgment of Kihoto Hollohan v. Zachillhu (1992), which ruled that the Speaker's decision is subject to judicial review.