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Consider the following statements regarding anti-defection law under the Tenth Schedule of the Constitution:
Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case.
If one-third of the legislators move along with the breakaway group then they will not be considered defectors.
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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Consider the following statements regarding anti-defection law under ...
Anti-Defection Law under the Tenth Schedule of the Constitution
Introduction:
The Anti-Defection Law was passed in 1985 to prevent political defections in the Indian Parliament and state legislatures. The Tenth Schedule of the Constitution, popularly known as the Anti-Defection Law, was added by the 52nd Amendment Act, 1985.
Statement 1: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case.
The Anti-Defection Law gives the power to the presiding officer of the House to decide on defection cases. As per the law, if a member of a legislature voluntarily gives up the membership of his/her political party or disobeys the party's directives on a vote, he/she will be disqualified from being a member of the House. The presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. This provision ensures that defection cases are dealt with expeditiously.
Statement 2: If one-third of the legislators move along with the breakaway group then they will not be considered defectors.
The Anti-Defection Law also provides for an exception to the disqualification of members in case of a split in a political party. As per the law, if one-third of the legislators move along with the breakaway group then they will not be considered defectors. This provision was added to allow for the possibility of a genuine split in a political party.
Conclusion:
In conclusion, both statements given in the question are related to the Anti-Defection Law under the Tenth Schedule of the Constitution. However, only statement 2 is correct. The presiding officer has to decide on a defection case within a reasonable time, but there is no specific time limit mentioned in the law. The one-third provision is an important exception to the Anti-Defection Law, which allows for the possibility of a genuine split in a political party without attracting disqualification of members.
Introduction:
The Anti-Defection Law was passed in 1985 to prevent political defections in the Indian Parliament and state legislatures. The Tenth Schedule of the Constitution, popularly known as the Anti-Defection Law, was added by the 52nd Amendment Act, 1985.
Statement 1: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case.
The Anti-Defection Law gives the power to the presiding officer of the House to decide on defection cases. As per the law, if a member of a legislature voluntarily gives up the membership of his/her political party or disobeys the party's directives on a vote, he/she will be disqualified from being a member of the House. The presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. This provision ensures that defection cases are dealt with expeditiously.
Statement 2: If one-third of the legislators move along with the breakaway group then they will not be considered defectors.
The Anti-Defection Law also provides for an exception to the disqualification of members in case of a split in a political party. As per the law, if one-third of the legislators move along with the breakaway group then they will not be considered defectors. This provision was added to allow for the possibility of a genuine split in a political party.
Conclusion:
In conclusion, both statements given in the question are related to the Anti-Defection Law under the Tenth Schedule of the Constitution. However, only statement 2 is correct. The presiding officer has to decide on a defection case within a reasonable time, but there is no specific time limit mentioned in the law. The one-third provision is an important exception to the Anti-Defection Law, which allows for the possibility of a genuine split in a political party without attracting disqualification of members.
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Consider the following statements regarding anti-defection law under ...
10th Schedule: Statement 1 is incorrect: Statement 2 is correct:
- Constitutional basis:
- The Tenth Schedule was inserted in the Constitution by the 52nd Amendment Act.
- It lays down the process by which legislators may be disqualified on grounds of defection.
- The law does not provide a time frame within which the presiding officer has to decide a defection case.
- The court in its recent judgment has held that, ideally, Speakers should take a decision on a defection petition within three months.
- Legislators may change their party without the risk of disqualification in certain circumstances.
- The law allows a party to merge with or into another party provided that at least twothirds of its legislators are in favour of the merger.
- In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification.
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Consider the following statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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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Consider the following statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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? 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 statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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?.
Consider the following statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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? 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 statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding anti-defection law under the Tenth Schedule of the Constitution: Presiding officer has to decide on a defection case within 14 days of filing a petition regarding the case. If one-third of the legislators move along with the breakaway group then they will not be considered defectors. 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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