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Consider following statements regarding Anti-Defection Law 1985,
1. It sought to prevent political defections which may be due to reward of office or other similar considerations.
2. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature.
3. Decision of the Presiding Officer is final and not subject to judicial review.
Which of the above statement(s) is/ are correct?
1 only
2 and 3 only
1 and 2 only
All of the above
Statement 1 and 2 are correct. Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967. The Anti-Defection Law 1985, sought to prevent such political defections which may be due to reward of office or other similar considerations. The Tenth Schedule was inserted in the Constitution in 1985. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. Decision of the Presiding Officer is subject to judicial review. Hence Statement 3 is incorrect. A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House. . However, the Supreme Court has interpreted that in the absence of a formal resignation by the member, the giving up of membership can be inferred by his conduct. The law applies to both Parliament and state assemblies.
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