Which of the following is an incorrect provision regarding Anti defection law 1 Nominated memb...........

Indian Polity Indian Parliament

Which of the following is an incorrect provision regarding Anti defection law.

1. Nominated member of a House shall be disqualified for being a member of the House if he joins any political party before the expiry of six months from the date on which he takes his seat

2. Defection will not be applied if one third of members of a party split to form a new party.

3. No member will be disqualified from the membership of the House where he makes a claim that he and any other members of his legislature party constitute a group representing a faction which has arisen as a result of a split in his original political party.

4. A member can be disqualified if he voluntarily gives up his/her membership

Select the statement using the codes given below

1 and 4 only

1,2 and 3 only

2 only

2 and 4 only

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Explanation:

1st, 2nd and 3rd statements are incorrect.

The Constitution also 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 which are given below:

1. if he voluntary gives up the membership of the political party on whose ticket he is elected to the House;

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; and

4. if any nominated member joins any political party after the expiry of six months.

For further reading vist: https://www.hindustantimes.com/india/here-is-all-you-wanted-to-know-about-the-anti-defection-law/story-49d09jR4iSNmKI5w83u2IL.html