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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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