Question

Q. Which of the following situations can attract disqualification under Anti defection law?

Select the correct answer using the code given below:

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

Answer 1

The correct option is B 1 and 3 only

Explanation:

The Tenth Schedule includes the following provisions with regard to the disqualification of MPs and MLAs on the grounds of defection:

Grounds for disqualification:

1. If an elected member gives up his membership of a political party voluntarily.
2. If he votes or abstains from voting in the House, contrary to any direction issued by his political party.
3. If any member who is independently elected joins any party,
4. If any nominated member joins any political party after the end of 6 months.
5. The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final.

Exceptions under the Anti Defection Law

• In the situation where two-thirds of the legislators of a political party decide to merge into another party, neither the members who decide to join nor the ones who stay with the original party will face disqualification.
• Any person elected as chairman or speaker can resign from his party, and rejoin the party if he demits that post.
• Earlier, the law allowed parties to be split, but at present, this has been outlawed.