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: • Disqualification o Members of Political Parties: 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.

From the above provision, it is clear that a member elected on a party ticket should continue in the party and obey the party directions. o Independent Members:

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 an election. o Nominated Members: 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. Hence, statement 1 is correct. o Exceptions: The above disqualification on the ground of defection does not apply in the following two cases: ?

If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such a merger. ?

If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office. It must be noted here that the provision of the Tenth Schedule pertaining to the exemption from disqualification in case of a split by one-third of members of the legislature party has been deleted by the 91st Amendment Act of 2003.

It means that the defectors have no more protection on grounds of splits. o Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court.

However, in the Kihoto Hollohan case (1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the high courts.

It held that the presiding officer while deciding a question under the Tenth Schedule, functions as a tribunal. Hence, statement 2 is not correct.