Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q101 (CDS-I/2016) Polity & Governance › Parliament › Anti-defection law Answer Verified

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

Result
Your answer: —  Â·  Correct: B
Explanation

Under the Tenth Schedule of the Indian Constitution, a Member of Lok Sabha is disqualified if they voluntarily give up their party membership [1], join a political party after being elected as an independent candidate [1], or vote/abstain from voting contrary to the party's direction (whip) without prior permission or condonation [1]. However, the law does not explicitly provide for disqualification solely on the grounds of being expelled by the political party. According to judicial interpretations and the legislative history of the 52nd Amendment, an expelled member is often treated as 'unattached' but continues to belong to the original party for the purposes of the Tenth Schedule to prevent them from joining another party without attracting disqualification. Thus, mere expulsion by the party does not automatically result in the loss of the seat in the House.

Sources

  1. [1] https://www.mea.gov.in/Images/pdf1/S10.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
75%
got it right
✓ Thank you! We'll review this.

SIMILAR QUESTIONS

CDS-II · 2023 · Q25 Relevance score: 2.18

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

IAS · 2012 · Q34 Relevance score: 2.09

Regarding the office of the Lok Sabha Speaker, consider the following statements: 1. He/She holds the office during the pleasure of the President. 2. He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election. 3. If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker. Which of the statements given above is/are correct?

CDS-II · 2009 · Q58 Relevance score: 1.99

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:

CDS-I · 2022 · Q90 Relevance score: 1.32

Which one of the following statements about the Speaker of Lok Sabha is not correct ?

CDS-II · 2012 · Q79 Relevance score: 1.10

The Speaker of the Lok Sabha may be removed from office by