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Question

A nominated member of a House becomes disqualified for being a member of the House if he joins any political party ___________.

A
After the expiry of three months from the date on which he takes his seat in the House
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B
After the expiry of six months from the date on which he takes his seat in the House
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C
After the expiry of nine months from the date on which he takes his seat in the House
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D
After the expiry of 12 months from the date on which he takes his seat in the House
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Solution

The correct option is C After the expiry of six months from the date on which he takes his seat in the House
The anti-defection law was passed by parliament in 1985 by 52nd Amendment to the Constitution. It added the Tenth Schedule which laid down the process by which legislators may be disqualified on grounds of defection. One of its provisions is as below:
Nominated members who were not members of a party could choose to join a party within six months; after that period, they were treated as a party member or independent member. Hence, after 6 months if they join a political party, they are disqualified.

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Q. Q. Which of the following leads to disqualification of members of Parliament and the state legislatures on the grounds of defection?

1. An independent member of a house joins any political party within six months of taking his seat in the House.
2. A nominated member of a house joins any political party after six months of taking his seat in the House.
3. The presiding officer of the house voluntarily gives up the membership of his party.

Which of the statements given above is/are correct?



Q. निम्नलिखित में से कौन दल-बदल के तहत संसद और राज्य विधान सभाओं के सदस्यों को अयोग्य ठहराता है?
1. सदन का एक निर्दलीय सदस्य जो सदन में अपना स्थान प्राप्त करने के छह महीने के भीतर किसी राजनीतिक दल में शामिल हो जाता है।
2. सदन का एक मनोनीत सदस्य जो सदन में अपना स्थान प्राप्त करने के छह महीने बाद किसी राजनीतिक दल में शामिल हो जाता है।
3. सदन का पीठासीन अधिकारी जिसने स्वेच्छा से अपनी पार्टी की सदस्यता त्याग दी हो।

ऊपर दिए गए कथनों में कौन सा/से कथन सही है/हैं?
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