Any question pertaining to the disqualification of a member of the Lok Sabha on the ground of defection is decided by :
- A.The President of India
- B.The Speaker of the Lok Sabha
- C.The Supreme Court of India
- D.The concerned Political Party
Correct answer
Explanation
The correct answer is B, The Speaker of the Lok Sabha. Under paragraph 6 of the Tenth Schedule, a question of disqualification for defection is decided by the presiding officer of the House.
The anti-defection law was added to the Constitution as the Tenth Schedule by the 52nd Amendment of 1985. A member is disqualified if he voluntarily gives up his party's membership or votes against the party's direction, and an independent member is disqualified if he joins a party. In the Lok Sabha the Speaker decides such cases, and in the Rajya Sabha the Chairman does. In the Kihoto Hollohan case (1992) the Supreme Court held that the presiding officer's decision is open to judicial review.
A is wrong because the President decides other disqualifications of MPs under Article 103, on the opinion of the Election Commission, but not defection. C is wrong because the Supreme Court only reviews the Speaker's decision; it does not decide first. D is wrong because a political party can petition but cannot itself disqualify a member.
Exam tip: defection, Tenth Schedule, 52nd Amendment 1985, Speaker decides; other disqualifications, Article 103, President decides.
Practice Questions
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- A.War
- B.External aggression
- C.Internal disturbance
- D.Armed rebellion
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- C.15th August, 1947
- D.14th August, 1947
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- B.Constitution (One Hundred and Second Amendment) Act
- C.Constitution (One Hundred and Fourth Amendment) Act
- D.Constitution (One Hundred and Sixth Amendment) Act
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- B.Right to constitutional remedies
- C.Right to move freely throughout the territory of India
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Show answer
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