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Consider the following two statements regarding the implementation of anti-defection law:
  1. If an elected member voluntarily gives up his membership of a political party;
  2. If an elected member votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining any prior permission.
Which of the above 2 statements is a criteria for the anti-defection law?
  • a)
    Only 1
  • b)
    Only 2
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following two statements regarding the implementation of ...
Grounds for disqualification on the grounds of defection:

If an elected member gives up his membership of a political party voluntarily. 
If he votes or abstains from voting in the House, contrary to any direction issued by his political party. 
If any member who is independently elected joins any party. 
If any nominated member joins any political party after the end of 6 months.
The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final. 
All proceedings in relation to disqualification under this Schedule are considered to be proceedings in Parliament or the Legislature of a state as is the case.
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Most Upvoted Answer
Consider the following two statements regarding the implementation of ...
Explanation:
The Anti-Defection Law was enacted in 1985 through the 52nd Amendment to the Constitution of India. The main aim of the law is to prevent political defections and to maintain the stability of the government.

Criteria for Anti-Defection Law:
The two statements mentioned in the question are the criteria for the anti-defection law. Let's discuss them in detail:

1. If an elected member voluntarily gives up his membership of a political party: According to the law, if a member of a political party voluntarily resigns from his party or disobeys the directives of the party, he will be disqualified. The member should give a written resignation to the Speaker or Chairman of the House.

2. If an elected member votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining any prior permission: This statement means that if a member of a political party votes against the direction of the party, he will be disqualified. The same applies if the member abstains from voting without prior permission from the party.

In both the above cases, the member is disqualified from being a member of the House. The disqualification is decided by the Speaker or Chairman of the House based on a petition filed by any other member.

Conclusion:
Thus, both the statements are criteria for the anti-defection law. The law has been instrumental in preventing political defections and maintaining the stability of the government.
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Consider the following two statements regarding the implementation of anti-defection law: If an elected member voluntarily gives up his membership of a political party; If an elected member votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining any prior permission.Which of the above 2 statements is a criteria for the anti-defection law?a)Only 1b)Only 2c)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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