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Q3 (CAPF/2019) Polity & Governance › Parliament › Anti-defection law Answer Verified

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

Result
Your answer: —  Â·  Correct: B
Explanation

The Tenth Schedule, introduced by the 52nd Amendment Act of 1985, provides for the disqualification of members of Parliament and state legislatures on the grounds of defection [2]. Option 2 is incorrect because the law specifically provides an exception for mergers. A member is not disqualified if their original political party merges with another, provided that at least two-thirds of the members of the party in the House have agreed to such a merger. Regarding disputes, the Chairman or Speaker of the House is the deciding authority [1]. While the Speaker's decision was initially intended to be final, the Supreme Court in the Kihoto Hollohan case (1992) ruled that such decisions are subject to judicial review, making the judiciary the final arbiter on the legality of the disqualification, though the Speaker remains the primary deciding authority.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > PROVISIONS OF THE ACT > p. 597
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > APPENDIX IV Constitutional Amendments at a Glance > p. 721
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