Q. Which one of the following statements is correct in the context of the “Anti-defection Law”?
Q. Which one of the following statements is correct in the context of the “Anti-defection Law”?
The correct option is C
Both the nominated and independent members of the legislature are also under the ambit of the law.
Tenth schedule was added to the Indian constitution by the 52nd Constitutional Amendment Act, 1985 or Anti defection law. The act provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
Option (a) is incorrect:
In the landmark Kihoto Hollohan case (1993), the Supreme Court declared that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal. Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of mala fides.
Options (b) and (d) are incorrect:
The presiding officer can take up a defection case only when he receives a complaint from a member of the House. So he cannot take up a case on suo moto.
Before taking the final decision, he must give the accused member a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry, it is not must.
Option (c) is correct: All the legislators i.e. members of political parties, nominated members and the independent members are also under the ambit of the scheme.
Both the nominated and independent members of the legislature are also under the ambit of the law.
Tenth schedule was added to the Indian constitution by the 52nd Constitutional Amendment Act, 1985 or Anti defection law. The act provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
Option (a) is incorrect:
In the landmark Kihoto Hollohan case (1993), the Supreme Court declared that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal. Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of mala fides.
Options (b) and (d) are incorrect:
The presiding officer can take up a defection case only when he receives a complaint from a member of the House. So he cannot take up a case on suo moto.
Before taking the final decision, he must give the accused member a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry, it is not must.
Option (c) is correct: All the legislators i.e. members of political parties, nominated members and the independent members are also under the ambit of the scheme.
