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Q25 (CDS-II/2023) Polity & Governance › Parliament › Anti-defection law Answer Verified

Any question pertaining to the disqualification of a member of the Lok Sabha on the ground of defection is decided by:

Result
Your answer: —  Â·  Correct: B

Explanation

Under the Tenth Schedule of the Constitution of India, introduced by the 52nd Amendment Act, 1985, the power to decide on the disqualification of a member of a House on the ground of defection is vested in the presiding officer of that House [2]. For the Lok Sabha, this authority is the Speaker, while for the Rajya Sabha, it is the Chairman [1]. Paragraph 6 of the Tenth Schedule explicitly states that if any question arises regarding such disqualification, it shall be referred to the Speaker or Chairman, whose decision was originally intended to be final [1]. Although the Supreme Court in the Kihoto Hollohan case (1992) ruled that the Speaker's decision is subject to judicial review on grounds of mala fides or perversity, the primary adjudicating authority remains the Speaker. The President's role in disqualification is limited to other grounds under Article 102(1), not defection.

Sources

  1. [2] https://ili.ac.in/pdf/10.pdf
  2. [1] https://www.mea.gov.in/Images/pdf1/S10.pdf
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SIMILAR QUESTIONS

IAS · 2025 · Q88 Relevance score: 3.21

Consider the following statements : I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President's decision in accordance with the opinion of the Council of Union Ministers shall be final. II. There is no mention of the word 'political party' in the Constitution of India. Which of the statements given above is/are correct?

CAPF · 2019 · Q3 Relevance score: 2.65

Which one of the following is NOT true of the 10th schedule of the Constitution of India pertaining to disqualification of members of the Parliament and State legislatures?

A) The schedule lays down that elected members may be disqualified on the grounds of defection
B) Disqualification on ground of defection does not apply in cases of merger with another political party
C) Cases of dispute are decided by the speaker or Chairman of the House concerned
D) The Supreme Court of India is the final arbiter in cases which remain unresolved

CDS-I · 2016 · Q101 Relevance score: 1.83

A Member of Lok Sabha does not become disqualified to continue as a Member of the House if the Member :

IAS · 2022 · Q86 Relevance score: -0.30

With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any time-frame within which the presiding officer has to decide a defection case. Which of the statements given above is/are correct?

NDA-II · 2009 · Q17 Relevance score: -0.50

The Speaker of the Lok Sabha can resign his office by addressing his resignation to