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Directions: Read the following passage carefully and answer the questions.
The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.
Q. Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political party's directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assembly's Speaker. Rajesh Kumar challenges the Speaker's decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.
  • a)
    The High Court should rule the Tenth Schedule's provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.
  • b)
    The Speaker's decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.
  • c)
    In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedule's provisions.
  • d)
    Rajesh Kumar's disqualification under the Tenth Schedule is a breach of the Constitution's fundamental rights, hence the High Court should overturn the Speaker's judgment and provide him redress.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage carefully and answer the questi...
The Tenth Schedule gives the Speaker the authority to disqualify an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and ensuring the efficient operation of the legislative body. The High Court should affirm the Speaker's decision.
The correct response is therefore option B.
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The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble.The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy."Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Q. It is fundamental right of every citizen not to be discriminated on the ground of religion, race, sex, place of birth or any of them. However, nothing in the fundamental rights shall prevent the state from making any special provision for women, children or elderly. State of XYZ enacted a law granting reservation of 50% in National Law School XYZ - to the native students scoring more than 75% percent in XII Examination. Based on the essence of the passage, decide whether the move of reservation is constitutional or not

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Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage carefully and answer the questions.The Supreme Court Thursday refused to entertain a petition challenging the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down automatic disqualification of a legislator from the parliament or State assembly upon conviction in a criminal case [Aabha Muralidharan vs Union of India]. A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the petitioner is not personally affected by the provision and the Court will not entertain the challenge. The basic disqualification criteria for an MP are outlined in Article 102 of the Constitution, while those for an MLA are outlined in Article 191. Article 102 empowers the Parliament to enact legislation governing the conditions of disqualification. Grounds for disqualification under the Constitution include conditions such as holding a profit-making position in the Government of India or a state government, Being of unsound mind, being an unpaid insolvent, not being an Indian citizen, or acquiring citizenship of another country. There are other ways in which a legislator can get disqualified too. For example- In the Tenth Schedule: A person is ineligible to serve as a member of the Legislative Assembly (MLA) or the Legislative Council (MLC) if: a) An elected official voluntarily withdraws from a political party, b) An elected member votes or abstains from voting in such House in defiance of any direction issued by his political party or anyone authorised to do so. The power to decide on the disqualification of legislators under the tenth schedule rests with the Speaker of the Lok Sabha (Lower House of Parliament) and the Speaker of the Legislative Assembly concerned. However, the decision of the Speaker can be challenged in a court of law.Q.Rajesh Kumar, an elected member of the Legislative Assembly (MLA), voluntarily left his political party owing to ideological differences in the case of Rajesh Kumar v. State Election Commission. He then defied his political partys directive by casting a vote in favor of a bill in the Assembly. Rajesh Kumar was disqualified by the Legislative Assemblys Speaker. Rajesh Kumar challenges the Speakers decision in the High Court, claiming that it is arbitrary and infringes on his right to freedom of conscience to provide for disqualification for voluntary withdrawal and voting against party instructions.a)The High Court should rule the Tenth Schedules provision illegal because it violates the fundamental right to freedom of conscience and because lawmakers should be allowed to cast their votes in accordance with their consciences without being disqualified.b)The Speakers decision should be upheld by the High Court since the Tenth Schedule gives the Speaker the authority to oust an MLA for voluntary withdrawal and voting against party instructions, which is crucial for upholding party discipline and guaranteeing the smooth operation of the legislative body.c)In light of Article 105 of the Indian Constitution, the High Court should refer the case to a bigger bench for review of the constitutional validity of the Tenth Schedules provisions.d)Rajesh Kumars disqualification under the Tenth Schedule is a breach of the Constitutions fundamental rights, hence the High Court should overturn the Speakers judgment and provide him redress.Correct answer is option 'B'. 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