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Which of the following is correct about the Tenth Schedule?
  • a)
    Nominated member is disqualified if he joins any political party.
  • b)
    Independent member is not disqualified if he joins any political party after 6 months.
  • c)
    A merger takes place when 1/2 of the party members agree to such a merger.
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Which of the following is correct about the Tenth Schedule?a)Nominate...
The correct answer is None of the above.
Key-Points
  • The Tenth Schedule came into existence after the 52nd Amendment Act,1985.
  • It deals with Anti-Defection Law.
  • Members of Political Parties are disqualified if
    • He voluntarily gives up his membership in such a Political Party.
    • If he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party.
  • Independent members are disqualified if he joins any political party after electing as an independent member.
  • Nominated Member is disqualified if he joins any political party after 6 months from the date on which he takes his seat in the house.
  • Exceptions
    • If a member leaves his party as a result of the merger of the party with another party. A merger takes place when 2/3rd of the members of the party agree to such a merger. [91st Amendment – 1/3rd]
    • If a member, after being elected as the presiding officer of the house, voluntarily gives up the membership of his party or rejoins it after he ceases to hold the office. [dignity and impartiality of the office]
  • Deciding authority
    • The earlier decision of the Presiding officer is final and cannot be questioned in any court.
    • SC declared it unconstitutional on the ground that it takes away the jurisdiction of the Supreme Court.
    • Subject to Judicial Review.
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Which of the following is correct about the Tenth Schedule?a)Nominated member is disqualified if he joins any political party.b)Independent member is not disqualified if he joins any political party after 6 months.c)A merger takes place when 1/2 of the party members agree to such a merger.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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