Consider the following state- ments : 1. The anti-defection law bans an elected member from voting against the explicit mandate of his/her party. 2. The anti-defection provi- sions do not apply if one- third of the members of a party disobey the mandate o

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Q: 103 (CDS-I/2013)
Consider the following state- ments :
1. The anti-defection law bans an elected member from voting against the explicit mandate of his/her party.
2. The anti-defection provi- sions do not apply if one- third of the members of a party disobey the mandate of the party and constitute themselves as a separate party.
Which of the statements given above is/ are correct ?

question_subject: 

Polity

question_exam: 

CDS-I

stats: 

0,38,64,38,13,47,4

keywords: 

{'explicit mandate': [0, 0, 0, 1], 'mandate': [0, 0, 1, 5], 'separate party': [0, 0, 0, 1], 'land2': [0, 0, 0, 1], 'members': [37, 11, 44, 71], 'party': [10, 2, 7, 13]}

The correct answer is option 1 - "1 only".

Statement 1 is correct. The anti-defection law, also known as the Tenth Schedule of the Constitution of India, prohibits elected members from voting against the official position or whip issued by their political party. This law was introduced to prevent political instability caused by elected members defecting from their party.

Statement 2 is incorrect. The anti-defection provisions apply regardless of the number of members who disobey the party mandate. If any elected member votes or abstains from voting against the party`s directive, they can be disqualified from their position. So, the provision does not allow a group of members to form a separate party and disobey the party`s mandate without consequences.

It is important to note that the anti-defection law has exceptions in certain cases, such as if a merger or split occurs within a political party, and two-thirds of the elected members of a party support the merger or the split. In such cases, the members involved in the merger or split do not face disqualification. However, this exception is not relevant to the statements provided in the question.