Consider the following statements with reference to lsquo Anti Defection Law rsquo 1 A nominated mem...........

Indian Polity Indian Parliament

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Consider the following statements with reference to ‘Anti Defection Law’:

1. A nominated member of a House becomes disqualified to remain a member of the House if he joins any political party.

2. An independent member may join any political party within six months of taking his seat in the House.

Which of the statements given above is/are not correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Explanation:
The Tenth Schedule contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection. 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.
Statement 1 is not correct: 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.
Statement 2 is not correct: 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.