Which of the following statements is/are correct regarding Tenth Schedule? 1. The nominated member is disqualified if he joins any political party. 2. A merger takes place when 1/3 of the members of the party agree to such a merger. 3. Independent member is disqualified if he joins any political party after 6 months.

Which of the following statements is/are correct regarding Tenth Schedule? 1. The nominated member is disqualified if he joins any political party. 2. A merger takes place when 1/3 of the members of the party agree to such a merger. 3. Independent member is disqualified if he joins any political party after 6 months. Correct Answer NOTA

The correct answer is NOTA

Key Points

  • The Tenth Schedule came into existence after the 52nd Amendment Act,1985.
  • It deals with Anti-Defection Law.
  • Members of Political Parties are disqualified if 
  1. He voluntarily gives up his membership in such a Political Party.
  2. If he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party.
  • Independent members are disqualified if he joins any political party after electing as an independent member. Hence, Statement 3 is incorrect.
  • Nominated Member is disqualified if he joins any political party after 6 months from the date on which he takes his seat in the house. Hence, Statement 1 is incorrect.
  • Exceptions
  1. If a member leaves his party as a result of the merger of the party with another party. A merger takes place when 2/3rd of the members of the party agree to such a merger.  Hence, Statement 2 is incorrect.
  2. If a member after being elected as the presiding officer of the house voluntarily gives up the membership of his party or rejoins it after he ceases to hold the office.
  • Deciding authority
    • The earlier decision of the Presiding officer is final and cannot be questioned in any court.
    • SC declared it unconstitutional on the ground that it takes away the jurisdiction of the Supreme Court.
    • Subject to Judicial Review.

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