In which Schedule of the Constitution of India, provisions as to disqualification on grounds of defection are given ?
- A.Ninth Schedule
- B.Tenth Schedule
- C.Eleventh Schedule
- D.Sixth Schedule
Correct answer
Explanation
The correct answer is B, Tenth Schedule. The Tenth Schedule, known as the anti-defection law, sets out when a member of Parliament or a state legislature loses the seat for defection.
It was added by the 52nd Amendment Act of 1985 under Rajiv Gandhi's government. A member is disqualified for voluntarily giving up party membership, or for voting or abstaining against the party's whip without permission; an independent member is disqualified for joining a party after election. The Speaker or Chairman decides the question. The 91st Amendment of 2003 removed the exception for a split by one-third of members, so only a merger backed by two-thirds now escapes disqualification.
A is wrong because the Ninth Schedule protects listed land-reform and other laws from challenge, added by the 1st Amendment of 1951. C is wrong because the Eleventh Schedule lists the 29 subjects of panchayats, added by the 73rd Amendment. D is wrong because the Sixth Schedule covers tribal areas of Assam, Meghalaya, Tripura and Mizoram.
Exam tip: Tenth Schedule = anti-defection, 52nd Amendment (1985), tightened by the 91st (2003).
Practice Questions
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- A.National Parties
- B.State Recognised Parties
- C.Regional Parties
- D.Registered Unrecognised Parties
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- A.The Members are only appointed.
- B.The Members are only elected.
- C.The Members are only nominated.
- D.The Members are appointed or elected on a motion made and adopted or nominated by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
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- A.1 and 2
- B.1 and 3
- C.2 only
- D.3 only
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- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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Read the full explanation →Which one among the following is not Fundamental Right under the Constitution of India?
- A.Right to equality
- B.Right to freedom
- C.Right to citizenship
- D.Right against exploitation
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