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Consider the following statement with regard to ‘Anti-defection’ law
The decision of the presiding officer of the house regarding ‘disqualification’ under the 10th schedule is final and binding.
  • In case of defection, a member cannot hold the ministerial post.
  • A member of the Parliament would lose the seat in the house in case of expulsion by the Political Party.
    Which of the following statements is/are correct?
    • a)
      2 Only
    • b)
      3 only
    • c)
      1 and 3 Only
    • d)
      2 and 3 Only
    Correct answer is option 'A'. Can you explain this answer?
    Most Upvoted Answer
    Consider the following statement with regard to ‘Anti-defection’ law ...
    Option a is correct
    • Statement 1 is incorrect: In Kihoto Hollohan case, the Supreme court has observed that the decision of the Presiding officer under the 10th schedule of the Constitution is subject to judicial review.
    • Statement 2 is correct: As per, Anti-defection law under the 10th schedule of the constitution of India, a member who has been disqualified on the ground of defection, cannot hold any post or attend the assembly without being re-elected. However, in case of resignation, the member can attend session of the parliament or hold post of the minister. But the person must be elected within 6 months from the date of assuming the post or membership of the house. Resignation has become a Loophole for Bypassing Anti-Defection Law.
    • Statement 3 is incorrect: Under the 10th schedule, a member of the parliament loses the seat if he/she "voluntarily gives up the membership of such political party”. A member who has been expelled by the political party remains in the house as ‘unattached member’. The MP is still subject to whip of the political party in the House failing to which he/she may become disqualified under the 10th schedule.
    • Recent example: Rajya Sabha MP of CPI(M): Ritabrata Bannerjee. Member of RS: (2014-2020), Expelled by CPI (M) in 2017.
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    Consider the following statement with regard to ‘Anti-defection’ law The decision of the presiding officer of the house regarding ‘disqualification’ under the 10th schedule is final and binding. In case of defection, a member cannot hold the ministerial post. A member of the Parliament would lose the seat in the house in case of expulsion by the Political Party. Which of the following statements is/are correct?a)2 Onlyb)3 onlyc)1 and 3 Onlyd)2 and 3 OnlyCorrect answer is option 'A'. Can you explain this answer?
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    Consider the following statement with regard to ‘Anti-defection’ law The decision of the presiding officer of the house regarding ‘disqualification’ under the 10th schedule is final and binding. In case of defection, a member cannot hold the ministerial post. A member of the Parliament would lose the seat in the house in case of expulsion by the Political Party. Which of the following statements is/are correct?a)2 Onlyb)3 onlyc)1 and 3 Onlyd)2 and 3 OnlyCorrect 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 Consider the following statement with regard to ‘Anti-defection’ law The decision of the presiding officer of the house regarding ‘disqualification’ under the 10th schedule is final and binding. In case of defection, a member cannot hold the ministerial post. A member of the Parliament would lose the seat in the house in case of expulsion by the Political Party. Which of the following statements is/are correct?a)2 Onlyb)3 onlyc)1 and 3 Onlyd)2 and 3 OnlyCorrect 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 Consider the following statement with regard to ‘Anti-defection’ law The decision of the presiding officer of the house regarding ‘disqualification’ under the 10th schedule is final and binding. In case of defection, a member cannot hold the ministerial post. A member of the Parliament would lose the seat in the house in case of expulsion by the Political Party. Which of the following statements is/are correct?a)2 Onlyb)3 onlyc)1 and 3 Onlyd)2 and 3 OnlyCorrect answer is option 'A'. Can you explain this answer?.
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