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Question
Who is the final deciding authority on the question of disqualification by anti-defection?
Who is the final deciding authority on the question of disqualification by anti-defection?
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Solution
The correct option is D Chairman of Rajya Sabha or Speaker of Lok Sabha
The question whether a member is subject to disqualification
in all other matters except under 10th schedule is decided by President.
However, President should obtain the opinion of the election commission before
taking such decision. The question of disqualification under Anti-defection or Tenth
Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in
the case of Lok Sabha. The decision of Chairman or Speaker in this condition is
subject to judicial review.
The question whether a member is subject to disqualification in all other matters except under 10th schedule is decided by President. However, President should obtain the opinion of the election commission before taking such decision. The question of disqualification under Anti-defection or Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha. The decision of Chairman or Speaker in this condition is subject to judicial review.
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