Which of the following are the provisions with respect to the disqualification of members of Parliam...........

Indian Polity Articles and Schedules

Which of the following are the provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection under the Tenth Schedule of the Constitution of India?

If a member of a House belonging to any political party voluntarily gives up his membership of such political party.
If an independent member of a House joins any political party after such election.
If a nominated member of a House joins any political party within six months from the date on which he takes his seat in the House.

Select the correct answer using the code given below:

1&2 only

2&3 only

1&3 only

All of the above

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Explanation:

Members of Political Parties: A member of a House belonging to any political party becomes disqualified for being a member of the House, (a) if he voluntarily gives up his membership of such political party; or (b) 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 and such act has not been condoned by the party within 15 days. From the above provision it is clear that a member elected on a party ticket should continue in the party and obey the party directions.

Independent Members: An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins any political party after such election.

Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. Hence, option 1st is the correct answer.