Question

Q. Consider the following Statements with reference to Anti Defection Law:

Which of the above given provisions attract disqualification under anti-defection law?

• A.
  1 and 2 only
• B.
  1 and 3 only
• C.
  1 only
• D.
  1, 2 and 3

Answer 1

The correct option is D

1, 2 and 3
Explanation:

An amendment to the Constitution was made (52ndamendment act) in 1985. This is known as the anti-defection amendment. It has also been subsequently modified by the 91st amendment. The presiding officer of the House is the authority who makes final decisions on all such cases.If it is proved that a member has ‘defected’, then such a member loses the membership of the House. Besides, such a person is also disqualified from holding any political office like ministership, etc.

The following provisions are Grounds for disqualification:

• If a member remains absent in the House when asked by the party leadership to remain present or
• votes against the instructions of the party or
• voluntarily leaves the membership of the party, or
• If any member who is independently elected joins any party
• If any nominated member joins any political party after the end of 6 months

Thus all the three statements invite disqualification under defection law