2021-02-05 16:30:13
Most Probable Questions for IAS Prelims - Qns for 05-02-2021
Qn.1) In the context of Anti- Defection Law, Which among the following is criteria for disqualification of a member?
1. If a member of a house belonging to a political party, voluntarily gives up the membership of his political party,
2. If an independent candidate joins a political party after the election.
3. If a nominated member joins a party before six months when he becomes a member of the legislature.
Select the correct answer using the codes given below:
(a) 1 and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Ans: (b) 1 and 2 only
Learning Zone: The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.
It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
The law applies to both Parliament and state assemblies.
When can a member be disqualified?
If a member of a house belonging to a political party:
Voluntarily gives up the membership of his political party, or
Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
If an independent candidate joins a political party after the election.
If a nominated member joins a party six months after he becomes a member of the legislature.
Why is this question important? India’s first Member of Parliament to have been disqualified from the Lok Sabha has now been disqualified as an MLA in Mizoram.
Mizoram Assembly Speaker disqualifies Zoram People’s Movement MLA Lalduhoma.
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