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Q64 (CISF/2017) Polity & Governance › Parliament

Which one of the following statements regarding disqualification of MPs and MLAs on grounds of defection is not correct?

Result
Your answer: —  ·  Correct: D

Explanation

The anti-defection law is contained in the Tenth Schedule of the Constitution, introduced by the 52nd Amendment Act, 1985. Statement D is incorrect because, according to Paragraph 6 of the Tenth Schedule, the authority to decide on disqualification arising out of defection rests with the Presiding Officer (Speaker or Chairman) of the respective House, not the Election Commission of India.

  • Statement A: Correct. The Tenth Schedule specifically deals with these provisions.
  • Statement B: Correct. Members can be disqualified if they voluntarily give up party membership or vote against party whips.
  • Statement C: Correct. Paragraph 4 provides an exception where disqualification does not apply in case of a merger, provided at least two-thirds of the members of the legislative party agree to the merger.
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SIMILAR QUESTIONS

IAS · 2025 · Q88 Relevance score: 3.10

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?

NDA-I · 2016 · Q70 Relevance score: 2.27

Which one of the following pairs of the Schedule in the Constitution of India and its Content is not correctly matched?

Schedule Content
A) Eighth Schedule Languages
B) Second Schedule The forms of oaths and affirmations
C) Fourth Schedule Allocation of seats in the Council of States
D) Tenth Schedule Provisions as to disqualification on the ground of defection

UPPCS · 2023 · Q64 Relevance score: 2.22

Which one of the following pairs (Schedule - Subjects) is not correctly matched?

IAS · 2019 · Q49 Relevance score: 2.19

Consider the following statements : 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'. 2. The above-mentioned Act was amended five times. 3. The term 'Office of Profit' is well-defined in the Constitution of India. Which of the statements given above is/are correct?

CAPF · 2019 · Q3 Relevance score: 2.18

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