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Which one of the following Amendments to the Constitution of India sought to curb the political defection?
The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another
What is the subject of the 91st Constitutional Amendment Act, 2003?
Later, the 91st Amendment Act of 2003 made one change in the provisions of the Tenth Schedule. It omitted an exception provision i.e., disqualification on ground of defection not to apply in case of split.
Consider the following statements:
Which of the statements given above is/are correct?
It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections. Rajiv Gandhi, the then Prime Minister, described it as the ‘first step towards cleaning-up public life’.
Consider the following statements and choose the correct one from below
Statement- I: The anti-defection law gives for the first time a clear cut constitutional recognition to the existence of political parties
Statement- II: The total number of ministers including the Prime Minister in the central council of ministers shall not exceed 15% of the total strength of the Lok sabha.
The anti defection law gives a clear cut constitutional recognition to the existence of political parties.
Which of the following statements is true regarding a whip?
The whip of any party can expel the member in case he/ she observes a defection.
Disqualification on the ground of defection for a Member of Parliament will not apply:
If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when twothirds of the members of the party have agreed to such merger
Which one of the following Schedules of the Constitution of India includes the disqualification of a Legislator on grounds of defection?
The Tenth Schedule contains the provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection
Who/Which of the following decides the question of disqualification of a member of the Parliament, arising on the ground of defection?
Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court.
Statement I: The provision of the Tenth Schedule pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted by the 91st Amendment.
Statement II: The Dinesh Goswami Committee, the Law Commission of India and the Constitutional Review Commission recommended omission of the provision of the Tenth Schedule pertaining to exemption from disqualification in case of splits.
The Committee on Electoral Reforms (Dinesh Goswami Committee) in its report of 1990, the Law Commission of India in its 170th Report on “Reform of Electoral Laws” (1999) and the National Commission to Review the Working of the Constitution (NCRWC) in its report of 2002 have, inter alia, recommended omission of the provision of the Tenth Schedule pertaining to exemption from disqualification in case of splits
Which committee was responsible for the exemption from disqualification in case of a split from Tenth Schedule (anti-defection)?
Following the Dinesh Goswami Committee's recommendations, there must be assent of at least 2-3rd members for any merger to be termed as valid.