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Question

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

The correct answer is
Disqualification on ground of defection does not apply in cases of merger with another political party

The 10th Schedule of the Constitution of India, also known as the Anti-Defection Law, was added by the 52nd Amendment in 1985. It deals with the disqualification of members of Parliament and State Legislatures on the grounds of defection. Let us analyze each of the given options to determine which statement is NOT true:

  1. The schedule lays down that elected members may be disqualified on the grounds of defection: This statement is true. The primary purpose of the 10th Schedule is to curb political defections and ensure stability by setting provisions for disqualification of members based on defection.
  2. Disqualification on the ground of defection does not apply in cases of merger with another political party: This is the correct answer. According to the 10th Schedule, if a member's original party merges with another, members are exempt from disqualification if two-thirds of the members have agreed to the merger. This statement is a reflection of the provision in the law.
  3. Cases of dispute are decided by the speaker or Chairman of the House concerned: This statement is true. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha has the authority to decide disqualification disputes under the Anti-Defection Law.
  4. The Supreme Court of India is the final arbiter in cases which remain unresolved: This statement is NOT true. The decision of the Speaker or Chairman regarding disqualification is subject to judicial review, but the Supreme Court does not automatically become the final arbiter without prior judicial process. The courts can review these decisions, but not as an initial or automatic step.

Hence, the statement "Disqualification on the ground of defection does not apply in cases of merger with another political party" is the exception, as it correctly states a provision in the law that does apply in the context of the 10th Schedule.

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Important Questions from Parliament

  1. Which of the following is/are the exclusive power(s) of Lok Sabha?

    1. To ratify the declaration of Emergency
    2. To pass a motion of no-confidence against the Council of Ministers
    3. To impeach the President of India

    Select the correct answer using the code given below:

  2. With reference to Deputy Speaker of Lok Sabha, consider the following statements:

    1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
    2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
    3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his
    4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime

    Which of the statements given above are correct ?

  3. A Minister who for any period of six (6) consecutive months is not a member of either House of Parliament shall cease to be a Minister after the expiry of this period. This is mentioned in which Article of the Constitution?

  4. Which of the following Constitutional Amendments restricts the total number of Ministers, including the Prime Minister in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People?

  5. With regard to a Constitution Amendment Bill, which one of the following statements is not correct?
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