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With reference to Anti defection law, consider the following statements:
1. The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
2. It does not allow a group of MP/MLAs to join another political party without inviting the penalty for defection.
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 'A'. Can you explain this answer?
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Most Upvoted Answer
With reference to Anti defection law, consider the following statement...
The correct answer is option 'A' - 1 only.
Explanation:
The Anti-Defection Law was enacted in 1985 as the Tenth Schedule to the Constitution of India. It was introduced to address the issue of political defections by Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) and to discourage the practice of "floor crossing" where members would switch parties for personal gains.
Statement 1: The anti-defection law punishes individual MPs/MLAs for leaving one party for another.
This statement is correct. The Anti-Defection Law states that if an elected representative, either an MP or an MLA, voluntarily gives up the membership of the political party on whose ticket they were elected, or if they vote or abstain from voting in the legislature contrary to the directions of their party whip, they will be disqualified from being a member of the legislature. The disqualification is determined by the Speaker/Chairperson of the House.
Statement 2: It does not allow a group of MPs/MLAs to join another political party without inviting the penalty for defection.
This statement is incorrect. The Anti-Defection Law applies to individual MPs/MLAs and not to a group of members. If a group of MPs/MLAs decides to join another political party, it does not invite the penalty for defection under the anti-defection law. However, if two-thirds of the members of a political party decide to merge with another political party, they will not attract disqualification. This provision was added to prevent the misuse of the law to engineer mass defections.
In conclusion, only Statement 1 is correct. The Anti-Defection Law punishes individual MPs/MLAs for leaving one party for another. It does not penalize a group of MPs/MLAs joining another political party.
Explanation:
The Anti-Defection Law was enacted in 1985 as the Tenth Schedule to the Constitution of India. It was introduced to address the issue of political defections by Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) and to discourage the practice of "floor crossing" where members would switch parties for personal gains.
Statement 1: The anti-defection law punishes individual MPs/MLAs for leaving one party for another.
This statement is correct. The Anti-Defection Law states that if an elected representative, either an MP or an MLA, voluntarily gives up the membership of the political party on whose ticket they were elected, or if they vote or abstain from voting in the legislature contrary to the directions of their party whip, they will be disqualified from being a member of the legislature. The disqualification is determined by the Speaker/Chairperson of the House.
Statement 2: It does not allow a group of MPs/MLAs to join another political party without inviting the penalty for defection.
This statement is incorrect. The Anti-Defection Law applies to individual MPs/MLAs and not to a group of members. If a group of MPs/MLAs decides to join another political party, it does not invite the penalty for defection under the anti-defection law. However, if two-thirds of the members of a political party decide to merge with another political party, they will not attract disqualification. This provision was added to prevent the misuse of the law to engineer mass defections.
In conclusion, only Statement 1 is correct. The Anti-Defection Law punishes individual MPs/MLAs for leaving one party for another. It does not penalize a group of MPs/MLAs joining another political party.
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Community Answer
With reference to Anti defection law, consider the following statement...
- The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another. Hence, statement 1 is correct.
- Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties.
- The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via the 52nd Amendment Act, 1985.
- It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
- It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
- However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalize political parties for encouraging or accepting defecting legislators. Hence, statement 2 is not correct.
- As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.
- But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a "merger" for it to have validity in the eyes of the law.
- The members disqualified under the law can stand for elections from any political party for a seat in the same House.
- The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
- However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.
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With reference to Anti defection law, consider the following statements:1. The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.2. It does not allow a group of MP/MLAs to join another political party without inviting the penalty for defection.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 'A'. Can you explain this answer?
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With reference to Anti defection law, consider the following statements:1. The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.2. It does not allow a group of MP/MLAs to join another political party without inviting the penalty for defection.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 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Anti defection law, consider the following statements:1. The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.2. It does not allow a group of MP/MLAs to join another political party without inviting the penalty for defection.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 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Anti defection law, consider the following statements:1. The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.2. It does not allow a group of MP/MLAs to join another political party without inviting the penalty for defection.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 'A'. Can you explain this answer?.
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