A member of Lok Sabha can be disqulified from the membership of the house under Anti defection law i...........

Indian Polity Indian Parliament

A member of Lok Sabha can be disqulified from the membership of the house under Anti-defection law if the member-

1. Voluntarily gives up the membership of his political party.

2. If an independent candidate joins a political party after the election.

3. If a nominated member joins a party six months after he becomes a member of the legislature.

Which of the above statements is/are correct?

Choose the correct answer using the codes below-

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.

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.
The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final.
The law applies to both Parliament and state assemblies.

Disqualification:

If a member of a house belonging to a political party:

Voluntarily gives up the membership of his political party, or
Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
If an independent candidate joins a political party after the election.
If a nominated member joins a party six months after he becomes a member of the legislature.