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The Anti-Defection Law
Consider the following statements:
- The Anti-Defection Law was passed in 1986 through the 54th Amendment to the Constitution.
- It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
- The law does not specify a time-period for the Presiding Officer to decide on a disqualification plea.
Which of the above statements is/are correct? Select the correct answer from the codes given below:
A |
Only 1
|
|
B |
2 and 3
|
|
C |
Only 3
|
|
D |
1, 2 and 3
|
Your Ans is
Right ans is B
Your Answer Is Correct
Your Answer Is Wrong
Explanation :
- The Anti-Defection Law was passed in 1985 through the 52nd amendment to the Constitution. It added the Tenth Schedule to the Indian Constitution.
- It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
- A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.
- The law applies to both Parliament and state assemblies.
- The law does not specify a time-period for the Presiding Officer to decide on a disqualification plea. Given that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking disqualification has no option but to wait for this decision to be made.
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