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Consider the ...

Question

Consider the following statement in the context of the grounds of defection under Anti Defection Law:
1. If a member of the house belonging to a political party voluntarily gives up his/her party to any party after elections.
2. If he/she is disqualified from his/her party on grounds of defection to any party after elections.

Which of it is true?

A

Only 1

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B

Only 2

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C

Both 1 and 2

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D

neither 1 nor 2

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Solution

The correct option is D Both 1 and 2
Both the statements are true regarding the Anti-Defection Law.
The Tenth Schedule contains the following provision with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection.
Anti-Defection Law states that if any MLA or MP changes party he or she will lose a seat in the legislature.
The 91stAmendment Act of 2003 has made the following provisions to limit the size of Council of Ministers, to debar defectors from holding public offices, and to strengthen the anti-defection law.
A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister (article 164).

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Similar questions

Consider the following two statements regarding the implementation of the anti-defection law:

1. If an elected member voluntarily gives up his membership of a political party;

2. If an elected member votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining any prior permission.

Which of the above 2 statements is a criteria for the anti-defection law?

Q. The Anti-Defection Law is contained in the Tenth Schedule to the Constitution. A member incurs disqualification under the defection law:Which of the above statement(s) is/are correct?

All of the above
Only 1, 2 & 3
Only 2, 3 & 4
Only 1, 3 & 4

Q. Consider the following statements:
1. A nominated member will stand disqualified if he joins any political party, during his tenure.
2. A candidate who has been elected independently, cannot be disqualified under anti-defection provisions.
Which of the statements given above is/are correct?

Q. Under which of the following circumstances an elected member of Parliament may be disqualified on the ground of defection?
1. If he voluntarily gives up his membership of a political party.
2. If he votes or abstains from voting contrary to any direction issued by his political party without prior permission of the political party.
3. If he speaks against the political party.
4. If he joins a political party other than the party on whose ticket he contested and got elected.

Q. A member of Parliament can be disqualified on the ground of defection if
I. He leaves the party as a result of split in the party along with members who constitute only 1 / 3rd of the total membership of that party
II. A nominated member joins any political party after the expiry of 6 months from the date on which he takes his seat in the House
III. He gives up membership of the political party on whose ticket he is elected
IV. He votes or abstains from voting in the House against the direction of political party without prior permission

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