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Q58 (CDS-II/2009) Polity & Governance › Constitutional Basics & Evolution › Schedules of Constitution Answer Verified

According to the Constitution (Fifty Second Amendment) Act 1985 as amended in 2003, a legislator attracts disqualification under the Tenth Schedule if I. he voluntarily gives up the membership of the party on whose ticket he was elected. II. he votes or abstains from voting contrary to any direction issued by his political party. III. as a result of split, less than one third of the members formed a new group or party in the house. IV. a member who has been elected as a independent member joins any political party. Select the correct answer using the code given below:

Result
Your answer: —  Â·  Correct: B
Explanation

Under the Tenth Schedule, a legislator is disqualified if they voluntarily give up their party membership [t1][t2] or vote/abstain contrary to party directions without prior permission or condonation [t2][t6]. Additionally, an independent member is disqualified if they join any political party after election [t1][t3]. Regarding splits, the original 52nd Amendment Act of 1985 provided an exception where a split involving at least one-third of the party members did not attract disqualification [t6]. However, the 91st Amendment Act of 2003 omitted this 'split' provision entirely [c1][t2]. Consequently, after the 2003 amendment, a split no longer serves as a valid defense against disqualification, regardless of the number of members involved. Therefore, statements I, II, and IV are correct grounds for disqualification under the current amended law, while statement III refers to a repealed exception.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > ICHAPTER~' 85 Anti-Defection Law > p. 597
  2. [2] https://www.mea.gov.in/Images/pdf1/S10.pdf
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