Under what circumstances can a member of a House be disqualified for d...
A member of a House can be disqualified for defection if he voluntarily gives up his membership of his political party or votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party.
Under what circumstances can a member of a House be disqualified for d...
Under what circumstances can a member of a House be disqualified for defection?
The circumstances under which a member of a House can be disqualified for defection are outlined in the Tenth Schedule of the Constitution of India, commonly known as the Anti-Defection Law. This law was introduced to address the issue of political defections which were seen as a threat to the stability of the government and the democratic process.
According to the Tenth Schedule, a member of a House (either Parliament or State Legislature) can be disqualified for defection if they violate any of the following provisions:
a) Voting against Party Direction: If a member votes or abstains from voting in a House contrary to any direction issued by his political party without obtaining prior permission of such party, it would be considered as defection. This provision ensures that members do not go against the party line and vote independently without permission, as it can undermine party discipline and stability.
b) Voluntarily giving up party membership: If a member voluntarily gives up his membership of a political party, he can be disqualified. This provision is aimed at preventing members from switching parties or becoming independent, thus ensuring that political parties maintain their strength and cohesion.
Combination of a) and b):
The correct answer to the question is option 'C', which states that both a) and b) are the circumstances under which a member can be disqualified for defection. This means that if a member either votes against party direction or voluntarily gives up party membership, they can be disqualified.
Explanation of the answer:
The Anti-Defection Law was enacted to prevent political defections and to ensure party discipline and stability. By disqualifying members who violate party directions or give up party membership, the law aims to discourage opportunistic political switches and promote the integrity of political parties.
The answer to the question is option 'C' because both a) and b) are valid grounds for disqualification for defection according to the provisions of the Tenth Schedule.
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