In which of the following cases a member incurs disqualification under the Tenth Schedule 1 If...........

Indian Polity Articles and Schedules

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In which of the following cases a member incurs disqualification under the Tenth Schedule?

1. If he votes contrary to the direction given by his political party.

2. If any nominated member joins any political party before the expiry of six months.

3. If he is expelled from the political party to which he belonged immediately before the election.

Select the correct answer using the code given below.

1 only

1 and 2 only

3 only

1, 2 and 3 only

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Explanation:

• The Constitution lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. A member incurs disqualification under the defection law:

1. if he voluntary gives up the membership of the political party to which he belonged immediately before the election

2. if he votes or abstains from voting in the House contrary to any direction given by his political party

3. if any independently elected member joins any political party

4. if any nominated member joins any political party after the expiry of six months. Upon expulsion from a political party, there is no automatic disqualification under the 10th Schedule of the Constitution from legislative assembly or Parliament and that member will continue as an unattached member as per the direction of the Speaker. Hence, statement 3 is not correct. Hence, the answer is (a).