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With reference to defections, consider the following statements :
1. An independent member of lok sabha becomes disqualified if he joins any party after 6 months from the date on which he take his seat.
2. A nominated member of lok sabha becomes disqualified if he joins any party anytime.
Q. Which of the statements given above is/are correct ?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2 ​
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
With reference to defections, consider the following statements :1. An...
Interchange both statements to get the correct one. A nominated member of lok sabha becomes disqualified if he joins any party after 6 months from the date on which he take his seat. If he joins before 6 months, then not disqualified. An independent member of lok sabha becomes disqualified if he joins any party anytime.
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Most Upvoted Answer
With reference to defections, consider the following statements :1. An...
Statement 1: An independent member of Lok Sabha becomes disqualified if he joins any party after 6 months from the date on which he takes his seat.
Statement 2: A nominated member of Lok Sabha becomes disqualified if he joins any party anytime.

Both statements 1 and 2 are incorrect.

Explanation:

1. Disqualification of an Independent Member joining a party:
According to the Tenth Schedule of the Constitution of India, an independent member of Lok Sabha does not become disqualified if he joins any political party after the expiry of six months from the date on which he takes his seat. Hence, statement 1 is incorrect.

2. Disqualification of a Nominated Member joining a party:
As per the Tenth Schedule of the Constitution of India, a nominated member of Lok Sabha does not become disqualified if he joins any political party at any time. Hence, statement 2 is incorrect.

Explanation of the Tenth Schedule:
The Tenth Schedule of the Constitution of India, also known as the Anti-Defection Law, deals with the disqualification of members on the grounds of defection. It was added to the Constitution in 1985 to curb political defections.

Key Points of the Tenth Schedule:

1. Disqualification criteria: A member of Lok Sabha or Rajya Sabha belonging to any political party will be disqualified if he voluntarily gives up his membership of such a party or votes or abstains from voting in the House contrary to any direction issued by his party.

2. Exceptions: However, if a member has been elected as an independent candidate (not supported by any political party) or has been nominated (not elected) to the House, he will not be disqualified for giving up his membership of a party or voting against the party line.

3. Speaker's decision: The decision on disqualification under the Tenth Schedule is taken by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as the case may be. The Speaker/Chairman's decision in this regard is final and cannot be questioned in any court of law.

In conclusion, both statements 1 and 2 are incorrect as per the provisions of the Tenth Schedule of the Constitution of India.
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With reference to defections, consider the following statements :1. An independent member of lok sabha becomes disqualified if he joins any party after 6 months from the date on which he take his seat.2. A nominated member of lok sabha becomes disqualified if he joins any party anytime.Q. Which of the statements given above is/are correct ?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2 ​Correct answer is option 'D'. Can you explain this answer?
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