Which one of the following Schedules of the Constitution of India cont...
The correct answer is option 'D', i.e., Tenth Schedule.
Tenth Schedule: Provisions regarding anti-defection
The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, was added by the 52nd Amendment Act in 1985. The Schedule lays down the provisions regarding the disqualification of members of Parliament and State Legislatures on the grounds of defection.
Features of the Tenth Schedule
The main features of the Tenth Schedule are as follows:
1. Definition of Defection
The Tenth Schedule provides a clear definition of defection. According to this schedule, a member of a political party is deemed to have defected if he/she:
- Voluntarily gives up the membership of his/her political party, or
- Votes or abstains from voting in the Legislature in contravention of the directives issued by the party leadership.
2. Role of the Presiding Officer
The Presiding Officer of the House (Speaker or Chairman) decides on the question of disqualification of a member based on a petition submitted by any other member of the House. The decision of the Presiding Officer is final and cannot be questioned in any court of law.
3. Exceptions to Disqualification
The Tenth Schedule provides certain exceptions to disqualification. A member will not be disqualified if:
- He/she is expelled from the party, or
- The party merges with another party and the member joins the new party, or
- Less than one-third of the members of a party in a House defect to another party.
Conclusion
The Tenth Schedule of the Constitution of India is an important provision that aims to prevent political defections and promotes stability in the political system. It empowers the Presiding Officer of the House to take action in cases of defection and ensures that members of political parties are bound by the party's policies and ideology.
Which one of the following Schedules of the Constitution of India cont...
(Correct Option:-D, Tenth Schedule)
The 10th Schedule of the Indian Constitution (which talks about the anti-defection law) is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002.
¶¶The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution.
¶¶'Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”.
¶¶The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. The law applies to both Parliament and state assemblies.
¶¶The aim of the Anti-Defection Law is to prevent MPs from switching political parties for any personal motive.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.