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Consider the following statements.
  1. An MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification.
  2. At present, the Tenth Schedule of the Constitution of India protects defectors as long as one-third of the members of a political party formed a separate group.
  3. The freedom of expression of legislators in the House, or intra-party dissent, fall within the purview of anti-defection laws.
Which of the above statements is/are correct?
  • a)
    1 only 
  • b)
    1, 2 
  • c)
    1, 3 
  • d)
    2, 3
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. An MLA has the right to participate...
1. Statement 1 is correct:
An MLA indeed has the right to participate in proceedings of the House regardless of the pendency of any petitions for disqualification. This right is enshrined in the Constitution of India to ensure that members can perform their duties without unnecessary hindrances.
2. Statement 2 is incorrect:
The Tenth Schedule of the Constitution of India, also known as the Anti-Defection Law, does not protect defectors if one-third of the members of a political party form a separate group. In fact, the law prohibits members from defecting to another party or forming a separate group without facing disqualification.
3. Statement 3 is incorrect:
The freedom of expression of legislators in the House, as well as intra-party dissent, do not fall within the purview of anti-defection laws. These aspects are separate from the anti-defection provisions and are essential for a healthy democratic process.
Therefore, the correct answer is option 'A', with only statement 1 being correct. It is essential for aspirants preparing for UPSC exams to have a clear understanding of the provisions related to the rights and responsibilities of legislators in India.
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Community Answer
Consider the following statements. An MLA has the right to participate...
Passing a unanimous judgement on the various issues related to the split in Shiv Sena in June 2022, the Supreme Court made strong observations about the role of the then Governor of Maharashtra and the Speaker of the Legislative Assembly. 
Not intervening in the proceedings, the SC said the issue of disqualification ought to be decided as per established procedures in law and the Speaker is the appropriate authority for this under the Tenth Schedule of the Constitution, which lays down the anti-defection law.
The court also clarified that an MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification.
Paragraph 3 of the Tenth Schedule protected defectors as long as one-third of the members of a political party formed a separate group. It was removed by the Constitution (91st Amendment) Act, 2003, which came into effect on January 1, 2004.
The court said that the power of the Governor to act without the aid and advice of the Council of Ministers is of an extraordinary nature, and must be exercised with circumspection within the limits of law.
The court said that as per provisions of the Representation of the People Act, an association of individuals calling itself a political party has to be registered with the EC.
The freedom of expression of legislators in the House, or intra-party dissent, cannot fall within the purview of anti-defection laws.
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Consider the following statements. An MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification. At present, the Tenth Schedule of the Constitution of India protects defectors as long as one-third of the members of a political party formed a separate group. The freedom of expression of legislators in the House, or intra-party dissent, fall within the purview of anti-defection laws.Which of the above statements is/are correct?a)1 onlyb)1, 2c)1, 3d)2, 3Correct answer is option 'A'. Can you explain this answer?
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Consider the following statements. An MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification. At present, the Tenth Schedule of the Constitution of India protects defectors as long as one-third of the members of a political party formed a separate group. The freedom of expression of legislators in the House, or intra-party dissent, fall within the purview of anti-defection laws.Which of the above statements is/are correct?a)1 onlyb)1, 2c)1, 3d)2, 3Correct 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 statements. An MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification. At present, the Tenth Schedule of the Constitution of India protects defectors as long as one-third of the members of a political party formed a separate group. The freedom of expression of legislators in the House, or intra-party dissent, fall within the purview of anti-defection laws.Which of the above statements is/are correct?a)1 onlyb)1, 2c)1, 3d)2, 3Correct 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 statements. An MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification. At present, the Tenth Schedule of the Constitution of India protects defectors as long as one-third of the members of a political party formed a separate group. The freedom of expression of legislators in the House, or intra-party dissent, fall within the purview of anti-defection laws.Which of the above statements is/are correct?a)1 onlyb)1, 2c)1, 3d)2, 3Correct answer is option 'A'. Can you explain this answer?.
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