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Disqualification on the ground of defection for a Member of Parliament will not apply:
- a)In case of a split in the original political party to which he is elected
- b)If he has voluntarily given up his membership of the political party.
- c)If he abstains from voting in the house contrary to the direction of the political party.
- d)If a nominated member of a House joins a political party after six months.
Correct answer is option 'A'. Can you explain this answer?
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Disqualification on the ground of defection for a Member of Parliament...
Disqualification on the ground of defection for a Member of Parliament will not apply if he goes out of his party as a result of a merger of the party with another party. This exemption is provided under the Tenth Schedule of the Constitution of India, which deals with anti-defection laws.
Explanation:
- The Tenth Schedule was added to the Constitution in 1985 to address the issue of political defections, which were seen as a threat to the stability of government.
- The Schedule lays down the procedure for disqualification of Members of Parliament and State Legislatures on the grounds of defection.
- Defection is defined as voluntarily giving up the membership of a political party or disobeying the directives of the party leadership on a vote in the house.
- However, there are certain exceptions to the rule of disqualification on the grounds of defection. One such exception is provided under clause (4) of the Schedule, which states that a member shall not be disqualified if he goes out of his party as a result of a merger of the party with another party.
- This means that if a political party merges with another party and a member of that party decides to join the new merged party, he will not be disqualified for defection under the Schedule.
- This exception is based on the rationale that if two parties merge, the resulting new party is essentially a continuation of the old parties and the members of the old parties should not be penalized for joining the new party.
- However, this exemption is subject to certain conditions, such as the merger must be approved by at least two-thirds of the members of the original party and the member must not hold any office in the new party other than that of a mere member.
- Therefore, if a member of parliament goes out of his party as a result of a merger with another party, he will not be disqualified for defection under the Tenth Schedule.
Explanation:
- The Tenth Schedule was added to the Constitution in 1985 to address the issue of political defections, which were seen as a threat to the stability of government.
- The Schedule lays down the procedure for disqualification of Members of Parliament and State Legislatures on the grounds of defection.
- Defection is defined as voluntarily giving up the membership of a political party or disobeying the directives of the party leadership on a vote in the house.
- However, there are certain exceptions to the rule of disqualification on the grounds of defection. One such exception is provided under clause (4) of the Schedule, which states that a member shall not be disqualified if he goes out of his party as a result of a merger of the party with another party.
- This means that if a political party merges with another party and a member of that party decides to join the new merged party, he will not be disqualified for defection under the Schedule.
- This exception is based on the rationale that if two parties merge, the resulting new party is essentially a continuation of the old parties and the members of the old parties should not be penalized for joining the new party.
- However, this exemption is subject to certain conditions, such as the merger must be approved by at least two-thirds of the members of the original party and the member must not hold any office in the new party other than that of a mere member.
- Therefore, if a member of parliament goes out of his party as a result of a merger with another party, he will not be disqualified for defection under the Tenth Schedule.
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Disqualification on the ground of defection for a Member of Parliament...
If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when twothirds of the members of the party have agreed to such merger
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Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct answer is option 'A'. Can you explain this answer?
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Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct 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 Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct 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 Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct answer is option 'A'. Can you explain this answer?.
Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct 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 Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct 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 Disqualification on the ground of defection for a Member of Parliament will not apply:a)In case of a split in the original political party to which he is electedb)If he has voluntarily given up his membership of the political party.c)If he abstains from voting in the house contrary to the direction of the political party.d)If a nominated member of a House joins a political party after six months.Correct answer is option 'A'. Can you explain this answer?.
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