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Which statement is True regarding this  “Anti defection law" that can be used against a member of a  "political party”?

a.If a member votes against the whip issued by the concerned political party

b.If member after getting elected voluntarily resigns to the political party on whose ticket he was elected

1. Statement (a) is true only
2. Statement (b) is true only
3.

4. None of the above

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Correct Answer - Option 3 :

The correct answer is option i.e. Statement (a) and (b) are true.

About Anti-Defection Law: 

  • The anti-defection law in India, the Tenth Schedule to the Indian Constitution.
  • This Law was enacted to address the perceived problem of instability caused by democratically elected legislators in India's Parliamentary System of Government shifting allegiance from the parties they supported at the time of the election or disobeying their parties' decisions at critical times such as during voting on an important resolution.
  • In the year 1985, the Tenth Schedule of the 52nd amendment to the Constitution of India was passed by the Parliament of India.
  • The deciding authority is the Presiding officer (speaker of House).
  • This law was ratified on 1 January 2004 and the Constitution (Ninety - First Amendment) Act – 2003.
  • The amended act maintained that the member disqualified due to defection should not hold any ministerial post or any other remunerative political post until the term of his office as a member expired.

 

Notes:

  • The Anti Defection law was firstly introduced by Mr. Rajiv Gandhi in 1985.​

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