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With reference to the Anti defection law, consider the following statements:
1. Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the President of India.
2. The law does not specify a time frame in which such a decision has to be made.
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 'B'. Can you explain this answer?
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With reference to the Anti defection law, consider the following state...
Jignesh Mewani, an independent MLA from Gujarat, has said he has joined the Congress “in spirit” as he could not formally do so, having been elected as an independent.
- The Tenth Schedule of the Constitution, popularly known as the anti-defection law, specifies the circumstances under which changing of political parties by legislators invites action under the law. It includes situations in which an independent MLA, too, joins a party after the election.
- The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.
- The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
- The second is when a legislator who has won his or her seat as an independent candidate joins a political party after the election.
- In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.
- The third scenario relates to nominated MPs. In their case, the law gives them six months to join a political party, after being nominated. If they join a party after such time, they stand to lose their seat in the House.
- Disqualification: Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature. The law does not specify a time frame in which such a decision has to be made.
- Hence only statement 2 is correct.
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With reference to the Anti defection law, consider the following state...
Jignesh Mewani, an independent MLA from Gujarat, has said he has joined the Congress “in spirit” as he could not formally do so, having been elected as an independent.
- The Tenth Schedule of the Constitution, popularly known as the anti-defection law, specifies the circumstances under which changing of political parties by legislators invites action under the law. It includes situations in which an independent MLA, too, joins a party after the election.
- The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.
- The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
- The second is when a legislator who has won his or her seat as an independent candidate joins a political party after the election.
- In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.
- The third scenario relates to nominated MPs. In their case, the law gives them six months to join a political party, after being nominated. If they join a party after such time, they stand to lose their seat in the House.
- Disqualification: Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature. The law does not specify a time frame in which such a decision has to be made.
- Hence only statement 2 is correct.
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With reference to the Anti defection law, consider the following statements:1. Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the President of India.2. The law does not specify a time frame in which such a decision has to be made.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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