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Match the following:
I. Chief Election Comm
A. Elected by Rajya Sabha
II. Lok Sabha Speaker
B. Appointed by President
III. Dy Chairman, Rajya Sabha
C. Elected by Lok Sabha
A. I-A, II-B, III-C
  • a)
    I-A, II-B, III-C
  • b)
    I-B, II-C, III-A
  • c)
    I-C, II-B, III-A
  • d)
    I-C, II-A, III-B
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Match the following:I. Chief Election CommA. Elected by Rajya SabhaII....
The correct matching of the given options is:

I. Chief Election Comm - B. Appointed by President
II. Lok Sabha Speaker - C. Elected by Lok Sabha
III. Dy Chairman, Rajya Sabha - A. Elected by Rajya Sabha

Let's understand the roles and the process of appointment/election for each of these positions:

I. Chief Election Commissioner (CEC):
- The Chief Election Commissioner is the head of the Election Commission of India.
- The CEC is responsible for conducting free and fair elections in the country.
- The CEC is appointed by the President of India.
- The appointment is made based on the recommendation of the Prime Minister and the Council of Ministers.

II. Lok Sabha Speaker:
- The Lok Sabha Speaker is the presiding officer of the Lok Sabha, the lower house of the Parliament of India.
- The Speaker is responsible for maintaining order in the house, conducting the proceedings, and interpreting the rules of procedure.
- The Speaker is elected by the members of the Lok Sabha.
- The election takes place at the beginning of the first session after a general election or when the position is vacant.

III. Deputy Chairman of Rajya Sabha:
- The Rajya Sabha is the upper house of the Parliament of India.
- The Deputy Chairman of Rajya Sabha is the second-highest-ranking official in the house.
- The Deputy Chairman is responsible for presiding over the sessions in the absence of the Chairman.
- The Deputy Chairman is elected by the members of the Rajya Sabha.
- The election takes place at the beginning of the first session after a general election or when the position is vacant.

Therefore, the correct matching of the given options is:

I. Chief Election Comm - B. Appointed by President
II. Lok Sabha Speaker - C. Elected by Lok Sabha
III. Dy Chairman, Rajya Sabha - A. Elected by Rajya Sabha

Hence, option B is the correct answer.
Free Test
Community Answer
Match the following:I. Chief Election CommA. Elected by Rajya SabhaII....
Cheif Election Commissioner is appointed by the president.
Lok sabha speaker is elected from within the members of lok sabha.
Dy. Chairman of Rajya Sabha is elected from the member of Rajya Sabha.
Therefore, 'B' is the correct option.
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The phenomenon of defections is not new to Indian politics. It has been plaguing the political landscape for over five decades. The recurrence of this evil phenomenon led to the 1985 Anti-Defection Law, which defined three grounds of disqualification of MLAs — giving up party membership; going against party whip; and abstaining from voting.Resignation as MLA was not one of the conditions. Exploiting this loophole, the 17 rebel MLAs in Karnataka resigned, their act aimed at ending the majority of the ruling coalition and, at the same time, avoiding disqualification. However, the Speaker refused to accept the resignations and declared them disqualified. This was possible as the legislation empowers the presiding officer of the House (i.e. the Speaker) to decide on complaints of defection under no time constraint.The law originally protected the Speaker’s decision from judicial review. However, this safeguard was struck down inKihoto Hollohan v. Zachillhu and Others(1992).While the SC upheld the Speaker’s discretionary power, it underscored that the Speaker functioned as a tribunal under the anti-defection law, thereby making her/his decisions subject to judicial review. InShrimanth Balasaheb Patel & Ors vs Speaker Karnataka Legislative Assembly & Ors(2019), where the three-judge SC bench upheld the then Karnataka Speaker’s decision of disqualification of the 17 rebel MLAs. However, it struck down his ban on the MLAs from contesting elections till 2023, negating the only possible permanent solution to the problem. The Supreme Court played the role of a neutral umpire in this political slugfest. The Anti-Defection Law provided a safeguard for defections made on genuine ideological differences. The 91st Constitutional Amendment introduced in 2003 deleted the provision allowing split. The 91st Amendment also barred the appointment of defectors as Ministers until their disqualification period is over or they are re-elected, whichever is earlier.The main issue is that the defectors treat disqualification as a mere detour, before they return to the House or government by re-contesting. This can only be stopped by extending the disqualification period from re-contesting and appointment to Chairmanships/Ministries to at least six years. The minimum period limit of six years is needed to ensure that the defectors are not allowed to enter the election fray for least one election cycle, which is five years.Q.The recent judgement of the SC in Shrimanth Balasaheb Patel & Ors vs Speaker Karnataka Legislative Assembly & Ors (2019) upheld which of the following statement?

The phenomenon of defections is not new to Indian politics. It has been plaguing the political landscape for over five decades. The recurrence of this evil phenomenon led to the 1985 Anti-Defection Law, which defined three grounds of disqualification of MLAs — giving up party membership; going against party whip; and abstaining from voting.Resignation as MLA was not one of the conditions. Exploiting this loophole, the 17 rebel MLAs in Karnataka resigned, their act aimed at ending the majority of the ruling coalition and, at the same time, avoiding disqualification. However, the Speaker refused to accept the resignations and declared them disqualified. This was possible as the legislation empowers the presiding officer of the House (i.e. the Speaker) to decide on complaints of defection under no time constraint.The law originally protected the Speaker’s decision from judicial review. However, this safeguard was struck down inKihoto Hollohan v. Zachillhu and Others(1992).While the SC upheld the Speaker’s discretionary power, it underscored that the Speaker functioned as a tribunal under the anti-defection law, thereby making her/his decisions subject to judicial review. InShrimanth Balasaheb Patel & Ors vs Speaker Karnataka Legislative Assembly & Ors(2019), where the three-judge SC bench upheld the then Karnataka Speaker’s decision of disqualification of the 17 rebel MLAs. However, it struck down his ban on the MLAs from contesting elections till 2023, negating the only possible permanent solution to the problem. The Supreme Court played the role of a neutral umpire in this political slugfest. The Anti-Defection Law provided a safeguard for defections made on genuine ideological differences. The 91st Constitutional Amendment introduced in 2003 deleted the provision allowing split. The 91st Amendment also barred the appointment of defectors as Ministers until their disqualification period is over or they are re-elected, whichever is earlier.The main issue is that the defectors treat disqualification as a mere detour, before they return to the House or government by re-contesting. This can only be stopped by extending the disqualification period from re-contesting and appointment to Chairmanships/Ministries to at least six years. The minimum period limit of six years is needed to ensure that the defectors are not allowed to enter the election fray for least one election cycle, which is five years.Q.What is the main loophole of the current Anti-Defection Law as per the author?

The phenomenon of defections is not new to Indian politics. It has been plaguing the political landscape for over five decades. The recurrence of this evil phenomenon led to the 1985 Anti-Defection Law, which defined three grounds of disqualification of MLAs — giving up party membership; going against party whip; and abstaining from voting.Resignation as MLA was not one of the conditions. Exploiting this loophole, the 17 rebel MLAs in Karnataka resigned, their act aimed at ending the majority of the ruling coalition and, at the same time, avoiding disqualification. However, the Speaker refused to accept the resignations and declared them disqualified. This was possible as the legislation empowers the presiding officer of the House (i.e. the Speaker) to decide on complaints of defection under no time constraint.The law originally protected the Speaker’s decision from judicial review. However, this safeguard was struck down inKihoto Hollohan v. Zachillhu and Others(1992).While the SC upheld the Speaker’s discretionary power, it underscored that the Speaker functioned as a tribunal under the anti-defection law, thereby making her/his decisions subject to judicial review. InShrimanth Balasaheb Patel & Ors vs Speaker Karnataka Legislative Assembly & Ors(2019), where the three-judge SC bench upheld the then Karnataka Speaker’s decision of disqualification of the 17 rebel MLAs. However, it struck down his ban on the MLAs from contesting elections till 2023, negating the only possible permanent solution to the problem. The Supreme Court played the role of a neutral umpire in this political slugfest. The Anti-Defection Law provided a safeguard for defections made on genuine ideological differences. The 91st Constitutional Amendment introduced in 2003 deleted the provision allowing split. The 91st Amendment also barred the appointment of defectors as Ministers until their disqualification period is over or they are re-elected, whichever is earlier.The main issue is that the defectors treat disqualification as a mere detour, before they return to the House or government by re-contesting. This can only be stopped by extending the disqualification period from re-contesting and appointment to Chairmanships/Ministries to at least six years. The minimum period limit of six years is needed to ensure that the defectors are not allowed to enter the election fray for least one election cycle, which is five years.Q.What is the role of the Supreme Court in matters of Anti—Defection cases?

The phenomenon of defections is not new to Indian politics. It has been plaguing the political landscape for over five decades. The recurrence of this evil phenomenon led to the 1985 Anti-Defection Law, which defined three grounds of disqualification of MLAs — giving up party membership; going against party whip; and abstaining from voting.Resignation as MLA was not one of the conditions. Exploiting this loophole, the 17 rebel MLAs in Karnataka resigned, their act aimed at ending the majority of the ruling coalition and, at the same time, avoiding disqualification. However, the Speaker refused to accept the resignations and declared them disqualified. This was possible as the legislation empowers the presiding officer of the House (i.e. the Speaker) to decide on complaints of defection under no time constraint.The law originally protected the Speaker’s decision from judicial review. However, this safeguard was struck down inKihoto Hollohan v. Zachillhu and Others(1992).While the SC upheld the Speaker’s discretionary power, it underscored that the Speaker functioned as a tribunal under the anti-defection law, thereby making her/his decisions subject to judicial review. InShrimanth Balasaheb Patel & Ors vs Speaker Karnataka Legislative Assembly & Ors(2019), where the three-judge SC bench upheld the then Karnataka Speaker’s decision of disqualification of the 17 rebel MLAs. However, it struck down his ban on the MLAs from contesting elections till 2023, negating the only possible permanent solution to the problem. The Supreme Court played the role of a neutral umpire in this political slugfest. The Anti-Defection Law provided a safeguard for defections made on genuine ideological differences. The 91st Constitutional Amendment introduced in 2003 deleted the provision allowing split. The 91st Amendment also barred the appointment of defectors as Ministers until their disqualification period is over or they are re-elected, whichever is earlier.The main issue is that the defectors treat disqualification as a mere detour, before they return to the House or government by re-contesting. This can only be stopped by extending the disqualification period from re-contesting and appointment to Chairmanships/Ministries to at least six years. The minimum period limit of six years is needed to ensure that the defectors are not allowed to enter the election fray for least one election cycle, which is five years.Q.Which statement sums up the mood of the author regarding the state of Anti-Defection laws in the country?

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