Multiple Choice Questions on Consider the following statements regarding election to Council of States Provisions of the Tenth Sc........... for UPSC Civil Services Examination (General Studies) Preparation

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Multiple Choice Questions

Consider the following statements regarding election to Council of States Provisions of the Tenth Sc...........

Indian Polity Indian Parliament
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    Consider the following statements regarding election to Council of States

    1. Provisions of the Tenth Schedule to the Constitution relating to disqualifications on the ground of defection are applicable to legislators voting in the election.
    2. NOTA option is not available in the voting for membership of Council of States.

    Select the correct statement.

    1 only

    Incorrect Answer

    2 only

    Correct Answer

    Both

    Incorrect Answer

    None

    Incorrect Answer
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    Explanation:
    • Anti-defection law is not applicable to voting in election of members to Rajya Sabha. The Supreme Court in its judgment in the matter of Kuldip Nayar Vs Union of India and Ors, 2006 observed that that an MLA at the most attracts action from the political party to which s/he belongs for voting against party candidate.
    • NOTA is not available to electors of Rajya Sabha elections, as per Supreme Court NOTA is meant only for universal adult suffrage and direct elections and not polls held by the system of proportional representation by means of the single transferable vote as done in the Rajya Sabha. Hence only statement 2nd is correct.

    By: Shubham Tiwari
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