
A nominated member of a House becomes disqualified for being a member of the House if he joins any political party ___________.
A. After the expiry of three months from the date on which he takes his seat in the House.
B. After the expiry of six months from the date on which he takes his seat in the House.
C. After the expiry of nine months from the date on which he takes his seat in the House.
D. After the expiry of 12 months from the date on which he takes his seat in the House.
Answer
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Hint:This law came into force in the 52nd Amendment in the Constitution Act, 1985.
It was passed by Lok Sabha on 30th January 1985. It was passed by the Rajya Sabha on 31st January 1985.
Complete answer:
The Anti-Defection Law was introduced by Rajiv Gandhi and commenced on 15th February 1985. The law is mentioned in the 10th schedule of Constitution of India for catering the needs of instability practiced by the elected legislators in the Parliament of India. In this, the parties disobeyed various decisions such as disobeying critical decisions during voting, shift in the political parties which they earlier supported, betrayal to the people which led to corruption on the political system and other aspects in the nation. One of the significant provisions of the law includes that if any of the members who are nominated are not members of the political party are given a choice to join any party within six months and if they join after six months then they will be disqualified.
Therefore, the correct answer is Option B.
Note: Anti-Defection Law mentioned in the Constitution consists of 7 paragraphs which are-
Paragraph 1 - Interpretation
Paragraph 2 - Disqualification on grounds of defection
Paragraph 3 – Disqualification on ground of defection not to apply in case of merger
Paragraph 4 – Exemption to the Speaker, Chairman and Deputy Chairman of the Legislative Houses
Paragraph 5 – Decision on questions as to disqualification on ground of defection
Paragraph 6 – Bar of jurisdiction of courts
Paragraph 7 – Rules.
It was passed by Lok Sabha on 30th January 1985. It was passed by the Rajya Sabha on 31st January 1985.
Complete answer:
The Anti-Defection Law was introduced by Rajiv Gandhi and commenced on 15th February 1985. The law is mentioned in the 10th schedule of Constitution of India for catering the needs of instability practiced by the elected legislators in the Parliament of India. In this, the parties disobeyed various decisions such as disobeying critical decisions during voting, shift in the political parties which they earlier supported, betrayal to the people which led to corruption on the political system and other aspects in the nation. One of the significant provisions of the law includes that if any of the members who are nominated are not members of the political party are given a choice to join any party within six months and if they join after six months then they will be disqualified.
Therefore, the correct answer is Option B.
Note: Anti-Defection Law mentioned in the Constitution consists of 7 paragraphs which are-
Paragraph 1 - Interpretation
Paragraph 2 - Disqualification on grounds of defection
Paragraph 3 – Disqualification on ground of defection not to apply in case of merger
Paragraph 4 – Exemption to the Speaker, Chairman and Deputy Chairman of the Legislative Houses
Paragraph 5 – Decision on questions as to disqualification on ground of defection
Paragraph 6 – Bar of jurisdiction of courts
Paragraph 7 – Rules.
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