Consider the following statements regarding the scope of the Tenth Schedule:
1. It applies to members of the Lok Sabha and Rajya Sabha.
2. It applies to members of the State Legislative Assemblies.
3. It applies to members of the State Legislative Councils.
How many of the statements given above are correct?
- Only two
- None
- All three
- Only one
Explanation: All three statements are correct. The Anti-Defection Law applies to both Houses of Parliament and both Houses of State Legislatures (Assemblies and Councils).
Consider the following statements regarding the adjudicating authority under the Tenth Schedule:
1. The question of whether a member has become subject to disqualification is decided by the President of India on the advice of the Election Commission.
2. The decision of the Presiding Officer is subject to judicial review.
3. The law prescribes a strict time limit of six months for the Presiding Officer to decide a defection petition.
How many of the statements given above are correct?
- Only one
- All three
- Only two
- None
Explanation: Only statement 2 is correct. Statement 1 is incorrect: The decision is made by the Chairman or the Speaker of the respective House, not the President. Statement 2 is correct: As established in the *Kihoto Hollohan case* (1992), the presiding officer acts as a tribunal, and their decision is subject to judicial review. Statement 3 is incorrect: The Tenth Schedule does not prescribe any specific time limit, leading to delays, though the Supreme Court (in *Keisham Meghachandra Singh vs. Hon'ble Speaker*) has suggested a reasonable period is typically three months.
Consider the following statements regarding nominated members and the Tenth Schedule:
1. A nominated member has a choice to join a political party within six months of taking their seat without incurring disqualification.
2. If a nominated member does not join any party within six months, they are treated as an independent member for the remainder of their term.
3. The President of India retains the discretionary power to exempt nominated members of the Rajya Sabha from the Anti-Defection Law.
How many of the statements given above are correct?
- Only one
- All three
- Only two
- None
Explanation: Statements 1 and 2 are correct. Paragraph 2(3) allows a nominated member to join a party within six months. If they don't, they cannot join later, functioning effectively independently (though joining later causes disqualification). Statement 3 is incorrect: The President has no such discretionary power under the Tenth Schedule.
Consider the following statements regarding instances of voting against party lines:
1. Voting against the party whip on a money bill constitutes grounds for disqualification.
2. Abstaining from a confidence motion against the party's directive constitutes grounds for disqualification.
3. Cross-voting in the Presidential or Vice-Presidential elections attracts disqualification under the Tenth Schedule.
How many of the statements given above are correct?
- None
- Only two
- All three
- Only one
Explanation: Statements 1 and 2 are correct. Defying a directive on money bills or confidence motions is a clear violation. Statement 3 is incorrect: The Election Commission has clarified, and courts have upheld, that voting in Presidential and Vice-Presidential elections is outside the purview of the Tenth Schedule (whips cannot be issued) as it is an election by secret ballot.
Consider the following statements regarding recent Supreme Court rulings on the Anti-Defection Law:
1. The Supreme Court in *Keisham Meghachandra Singh* (2020) ruled that disqualification petitions under the Tenth Schedule should normally be decided within three months.
2. The Court recommended that Parliament amend the Constitution to establish a permanent tribunal to decide defection cases instead of the Speaker.
3. The Supreme Court has the power to automatically disqualify a member if the Speaker fails to meet the three-month deadline.
How many of the statements given above are correct?
- All three
- None
- Only one
- Only two
Explanation: Statements 1 and 2 are correct. The Court established a 3-month expectation and suggested Parliament create an independent tribunal to replace the Speaker for defection cases. Statement 3 is incorrect because the Court cannot automatically disqualify a member; it can only issue a writ of mandamus directing the Speaker to take a decision.
Consider the following statements regarding the exemptions applicable to Presiding Officers:
1. Disqualification on the ground of defection does not apply to a person who is elected as the Speaker of the Lok Sabha and gives up their party membership.
2. The exemption applies only to the Speaker and Deputy Speaker of the Lok Sabha, not to the Deputy Chairman of the Rajya Sabha.
3. The exemption remains valid as long as the presiding officer does not rejoin that political party or become a member of another political party while in office.
How many of the statements given above are correct?
- All three
- Only two
- None
- Only one
Explanation: Statements 1 and 3 are correct. The exemption allows Presiding Officers to give up their party membership to maintain neutrality. Statement 2 is incorrect because the exemption expressly covers the Deputy Chairman of the Rajya Sabha and the presiding officers of State Legislatures.
Consider the following statements regarding reform recommendations for the Anti-Defection Law:
1. The Dinesh Goswami Committee recommended expanding the Tenth Schedule to cover every single vote taken in the legislature.
2. The Law Commission of India suggested maintaining the split provision to protect internal party dissent.
3. The National Commission to Review the Working of the Constitution (NCRWC) recommended that the Speaker's power under the Tenth Schedule should be absolute and beyond judicial review.
How many of the statements given above are correct?
- None
- All three
- Only two
- Only one
Explanation: None of the statements are correct. Statement 1 is incorrect because the Dinesh Goswami Committee recommended *limiting* disqualification only to confidence motions and money bills. Statement 2 is incorrect because the Law Commission recommended removing all exemptions, including the merger provision. Statement 3 is incorrect because the NCRWC recommended transferring the adjudicatory power from the Speaker to the President/Governor acting on EC advice.
Consider the following statements regarding the role of the Election Commission in party splits:
1. The Election Commission determines whether a split has legitimately occurred within a legislature party under the Tenth Schedule.
2. The Election Commission decides disputes over the allocation of the party symbol when a political party splits into rival factions outside the legislature.
3. The Election Commission must be consulted by the Speaker before disqualifying any member under the Tenth Schedule.
How many of the statements given above are correct?
- None
- Only one
- Only two
- All three
Explanation: Only statement 2 is correct. The EC resolves party symbol disputes under the Election Symbols (Reservation and Allotment) Order, 1968. Statement 1 is incorrect because the Speaker evaluates mergers/splits within the legislature for Tenth Schedule purposes. Statement 3 is incorrect because the Speaker makes the decision entirely independently without consulting the EC.
Consider the following statements regarding the expulsion of members from a political party:
1. If a political party expels a member, the member is no longer bound by the whip of that party.
2. An expelled member is treated as an independent and can freely join another political party without incurring disqualification.
3. For the purposes of the Tenth Schedule, an expelled member is deemed to continue to belong to the political party that set them up as a candidate.
How many of the statements given above are correct?
- Only one
- None
- Only two
- All three
Explanation: Only statement 3 is correct. As decided by the Supreme Court in the *G. Viswanathan* case, an expelled member remains "attached" to their original party for the purposes of the Tenth Schedule. Therefore, Statement 1 is incorrect (they are still bound by the whip) and Statement 2 is incorrect (joining another party will result in disqualification).
Consider the following statements regarding independent members under the Tenth Schedule:
1. An independent member of the legislature incurs disqualification if they join any political party after their election.
2. An independent member who provides outside support to a government is automatically considered to have joined the ruling party for the purposes of the Tenth Schedule.
3. Independent members are constitutionally barred from becoming Ministers in the government to prevent bribery and corruption.
How many of the statements given above are correct?
- Only two
- None
- Only one
- All three
Explanation: Only statement 1 is correct. Independent members cannot join a party without being disqualified. Statement 2 is incorrect because providing outside support does not legally constitute joining a party. Statement 3 is incorrect because there is no constitutional bar preventing independent members from becoming Ministers.
Consider the following statements regarding the impact of the Anti-Defection Law on intra-party democracy:
1. Critics argue that the law hinders intra-party democracy by preventing members from expressing dissenting views on legislation.
2. The Dinesh Goswami Committee recommended that disqualification should be limited only to cases of voting against the party on a motion of confidence or money bills.
3. The law requires a member to follow the party whip even on matters outside the legislature, such as public speeches.
How many of the statements given above are correct?
- Only two
- Only one
- None
- All three
Explanation: Statements 1 and 2 are correct. The law is heavily criticized for making MPs rubber stamps (Statement 1), and electoral reform committees like the Dinesh Goswami Committee suggested limiting its scope to save governments (Statement 2). Statement 3 is incorrect: The whip and voting provisions apply strictly to proceedings inside the House, though public speeches against the party can be construed as 'voluntarily giving up membership', this is a different ground from defying a whip.
Consider the following statements regarding defection petitions against Presiding Officers:
1. If a question arises regarding the disqualification of the Speaker under the Tenth Schedule, it is decided by a member of the House elected by the House in that behalf.
2. The Deputy Speaker automatically decides defection petitions filed against the Speaker without needing a House vote.
3. The President of India decides defection petitions filed against the Chairman of the Rajya Sabha on the binding advice of the Election Commission.
How many of the statements given above are correct?
- Only two
- All three
- Only one
- None
Explanation: Only statement 1 is correct based on Paragraph 6(1) of the Tenth Schedule. Statement 2 is incorrect because the law requires the House to elect a member for this specific purpose; it does not automatically go to the Deputy Speaker. Statement 3 is incorrect because the same rule applies to the Chairman of the Rajya Sabha (decided by an elected member of the Rajya Sabha), not the President.
Consider the following statements regarding the concept of 'voluntarily giving up membership':
1. The Supreme Court has ruled that the act of 'voluntarily giving up membership' can be legally inferred from a member's conduct even without a formal resignation.
2. A member who is expelled by their political party automatically loses their seat in the legislature under the Tenth Schedule.
3. Actively participating in a rival political party's election rally can be interpreted as voluntarily giving up the membership of one's original party.
How many of the statements given above are correct?
- None
- Only one
- Only two
- All three
Explanation: Statements 1 and 3 are correct. The Supreme Court (in *Ravi S. Naik* and other cases) has held that conduct like campaigning for a rival party infers voluntarily giving up membership. Statement 2 is incorrect because an expelled member does not lose their seat; they are treated as an 'unattached' member but remain bound by the party's whip.
Consider the following statements regarding the historical context of the Anti-Defection Law:
1. The need for an anti-defection law gained prominence after the 1967 general elections, which saw massive floor-crossing in state legislatures.
2. The phrase 'Aaya Ram Gaya Ram' originated from a politician in Haryana who changed parties three times in a fortnight in 1967.
3. The first attempt to introduce an anti-defection law at the central level was made during the Prime Ministership of Morarji Desai but failed.
How many of the statements given above are correct?
- Only one
- Only two
- None
- All three
Explanation: All three statements are correct. The 1967 elections triggered the debate. The phrase originated with Haryana MLA Gaya Lal. Earlier attempts were made, including a bill by the Morarji Desai government in the late 1970s, which lapsed, before Rajiv Gandhi's government passed it in 1985.
Consider the following statements regarding the consequences of disqualification under the Tenth Schedule:
1. According to the 91st Amendment Act, a member disqualified under the Tenth Schedule is also disqualified from being appointed as a Minister.
2. A disqualified member is strictly prohibited from holding any remunerative political post under a State or Central government for the remainder of their term.
3. A member disqualified under the Tenth Schedule is permanently barred from contesting any future parliamentary or state elections.
How many of the statements given above are correct?
- Only one
- All three
- Only two
- None
Explanation: Statements 1 and 2 are correct. The 91st Amendment inserted provisions (Article 75(1B), 164(1B), 361B) barring disqualified members from ministerial and remunerative political posts for the remainder of their term. Statement 3 is incorrect because disqualification does not bar a member from contesting the subsequent by-election or any future elections.
Consider the following statements regarding constraints and alliances under the Anti-Defection Law:
1. The Constitution sets a strict maximum limit of 6 months for the Speaker to decide a defection petition to prevent delays.
2. If a member is formally expelled by their party, they automatically become an independent member and are free to join another political party.
3. The concept of a pre-poll alliance is formally recognized as a single political party under the Tenth Schedule.
How many of the statements given above are correct?
- Only one
- Only two
- None
- All three
Explanation: None of the statements are correct. Statement 1 is incorrect because the Constitution does not set a time limit (the Supreme Court only advised a 3-month period). Statement 2 is incorrect because an expelled member remains bound by their original party's whip and is disqualified if they join another party. Statement 3 is incorrect because the Tenth Schedule strictly recognizes individual political parties, not alliances.
Consider the following statements regarding party directives and voting in the legislature:
1. A member incurs disqualification if they vote or abstain from voting in the House contrary to the direction issued by their political party without prior permission.
2. Disqualification on the grounds of defying a party directive can be avoided if the political party formally condones the action within 15 days.
3. The specific term 'whip' is explicitly defined and elaborated within the text of the Tenth Schedule of the Constitution.
How many of the statements given above are correct?
- Only one
- All three
- None
- Only two
Explanation: Statements 1 and 2 are correct. Disqualification applies for defying a party direction, but can be waived if the party condones it within 15 days. Statement 3 is incorrect because the Tenth Schedule uses the phrase 'any direction issued by the political party', but the word 'whip' itself is not explicitly mentioned or defined in the Constitution.
Consider the following statements regarding independent members and the Anti-Defection Law:
1. An independent member of a House incurs disqualification if they join any political party after being elected.
2. Independent members can support the government from the outside without joining the ruling party and avoid disqualification.
3. The law defines an 'independent member' as one who wins an election on a party ticket but subsequently resigns.
How many of the statements given above are correct?
- None
- All three
- Only two
- Only one
Explanation: Statements 1 and 2 are correct. Under paragraph 2(2), an independently elected member is disqualified if they join any political party. They can, however, provide outside support to a government. Statement 3 is incorrect: An independent member is someone elected *without* being set up as a candidate by any political party.
Consider the following statements regarding the adjudication of defection cases:
1. The Tenth Schedule explicitly empowers the Election Commission of India to adjudicate and decide all defection cases.
2. The decision of the presiding officer in defection cases is completely immune from any form of judicial review.
3. The presiding officer of the House is constitutionally mandated to act suo motu to disqualify a member without requiring a formal petition.
How many of the statements given above are correct?
- None
- Only two
- Only one
- All three
Explanation: None of the statements are correct. Statement 1 is incorrect because the Chairman/Speaker decides defection cases, not the Election Commission. Statement 2 is incorrect because the Supreme Court in the *Kihoto Hollohan* case ruled that the presiding officer's decision is subject to judicial review. Statement 3 is incorrect because defection proceedings generally require a formal petition from another member; the Speaker cannot act suo motu.
Consider the following statements regarding the impact of the 91st Amendment Act, 2003 on political parties:
1. It aimed to stabilize governments by discouraging retail defection while still permitting wholesale defection via mergers.
2. By deleting the provision regarding 'splits', it made it virtually impossible for smaller groups (less than two-thirds) to break away without losing their seats.
3. It mandated that the President must verify the signatures of the two-thirds members before recognizing a merger.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. The 91st Amendment deleted the one-third split protection, making small rebellions subject to disqualification, but retained the two-thirds merger rule. Statement 3 is incorrect: The Speaker/Chairman verifies and recognizes the merger within the legislature, not the President.
Consider the following statements regarding the definition of a 'political party' and 'legislature party' under the Tenth Schedule:
1. 'Original political party' refers to the political party to which a member belongs outside the House.
2. 'Legislature party' refers to the group consisting of all members of a House belonging to the same political party.
3. An independent member is considered to constitute a one-member legislature party for the purposes of the Tenth Schedule.
How many of the statements given above are correct?
- Only two
- All three
- Only one
- None
Explanation: Statements 1 and 2 are correct definitions under Paragraph 1 of the Tenth Schedule. Statement 3 is incorrect: Independent members are treated as individuals who must not join any party; they are not defined as a 'legislature party'.
Consider the following statements regarding the role of the President in disqualification:
1. The President decides disqualification under the Tenth Schedule regarding Members of Parliament.
2. Disqualification under Article 102(1) (e.g., holding an office of profit) is decided by the President.
3. When deciding under Article 102(1), the President acts according to the opinion of the Election Commission.
How many of the statements given above are correct?
- None
- Only one
- All three
- Only two
Explanation: Statements 2 and 3 are correct. General disqualifications under Article 102(1) are decided by the President on the binding advice of the EC (Article 103). Statement 1 is incorrect: Disqualifications under the Tenth Schedule (Article 102(2)) are decided exclusively by the Chairman or Speaker of the House.
Consider the following statements regarding the Tenth Schedule of the Indian Constitution:
1. It was added to the Constitution by the 52nd Amendment Act in 1985.
2. It applies only to the Members of Parliament and not to the members of State Legislatures.
3. A nominated member of a House becomes subject to disqualification if they join any political party before the expiry of six months from taking their seat.
How many of the statements given above are correct?
- All three
- Only one
- Only two
- None
Explanation: Statement 1 is correct: The Tenth Schedule was added by the 52nd Amendment Act, 1985. Statement 2 is incorrect: It applies to both Members of Parliament and members of State Legislatures. Statement 3 is incorrect: A nominated member is disqualified if they join a political party *after* the expiry of six months from the date they take their seat; they are allowed to join a party within the first six months.
Consider the following statements regarding the exemption provided to the Presiding Officers:
1. The Speaker of the Lok Sabha is exempt from disqualification if they voluntarily give up their political party's membership after being elected to the office.
2. The Speaker cannot rejoin their original political party even after ceasing to hold the office without facing disqualification.
3. The constitutional exemption provided to presiding officers applies to the Deputy Chairman of the Rajya Sabha as well.
How many of the statements given above are correct?
- Only two
- All three
- Only one
- None
Explanation: Statements 1 and 3 are correct according to Paragraph 5 of the Tenth Schedule, which provides an exemption to Presiding Officers (including Deputy Chairman) to maintain neutrality. Statement 2 is incorrect because the provision explicitly allows them to rejoin their original political party after ceasing to hold office without incurring disqualification.
Consider the following statements regarding conduct that constitutes defection:
1. A member of a House incurs disqualification if they voluntarily give up the membership of their political party.
2. The Supreme Court has held that expressing a public lack of confidence in one's own party's government can be construed as voluntarily giving up membership.
3. Participating in a delegation to the Governor demanding the dismissal of one's own party's government attracts disqualification under the Tenth Schedule.
How many of the statements given above are correct?
- Only two
- Only one
- None
- All three
Explanation: All three statements are correct. The law clearly states voluntarily giving up membership is a ground for disqualification. The Supreme Court has consistently ruled that "voluntarily giving up" is not limited to formal resignation but extends to conduct, including publicly opposing one's own government or asking the Governor to dismiss it.
Consider the following statements regarding the rules made under the Tenth Schedule:
1. The Tenth Schedule allows the Chairman or the Speaker of a House to make rules for giving effect to its provisions.
2. The rules made by the Presiding Officer must be formally laid before the respective House.
3. The House has the absolute power to approve, modify, or disapprove the rules made by the Presiding Officer under the Tenth Schedule.
How many of the statements given above are correct?
- All three
- Only two
- None
- Only one
Explanation: All three statements are correct. According to Paragraph 8 of the Tenth Schedule, the power to make rules rests with the Chairman or Speaker. These rules must be laid before the House for a total period of 30 days, during which the House may approve, modify, or disapprove them.
Consider the following statements regarding the merger of political parties under the Tenth Schedule:
1. A merger requires the agreement of at least two-thirds of the members of the legislature party concerned.
2. The original political party outside the legislature must also agree to the merger for it to be recognized under the Tenth Schedule.
3. Members who do not accept the merger and opt to function as a separate group are automatically disqualified.
How many of the statements given above are correct?
- None
- Only two
- All three
- Only one
Explanation: Only statement 1 is correct. Statement 2 is incorrect: The Tenth Schedule deals with the merger of the 'original political party' but practically focuses on the 'legislature party'; however, court interpretations (like in Goa) often debate this, but the constitutional text requires two-thirds of the legislature party to have agreed. Statement 3 is incorrect: Members who do not accept the merger and choose to function as a separate group are explicitly protected from disqualification under Paragraph 4(1)(b).
Consider the following statements regarding disqualification procedures:
1. Disqualification of a member for holding an office of profit under the government is adjudicated under the provisions of the Tenth Schedule.
2. The Election Commission of India acts as the final appellate body for overturning decisions made under the Tenth Schedule.
3. The Tenth Schedule defines a 'political party' as any group of 10 or more independent members functioning together in the legislature.
How many of the statements given above are correct?
- All three
- Only two
- Only one
- None
Explanation: None of the statements are correct. Statement 1 is incorrect because 'office of profit' is a ground for disqualification under Article 102/191, not the Tenth Schedule (which deals with defection). Statement 2 is incorrect because the courts exercise judicial review; the Election Commission has no role in Tenth Schedule cases. Statement 3 is incorrect because independent members cannot form a recognized political party under the Tenth Schedule without incurring disqualification.
Consider the following statements regarding pre-poll alliances and the Tenth Schedule:
1. A pre-poll electoral alliance is recognized as a 'political party' under the Tenth Schedule.
2. If a member of a pre-poll alliance leaves to join another party within the alliance, they are exempt from disqualification.
3. The Supreme Court has clarified that the Tenth Schedule only recognizes individual political parties and not alliances.
How many of the statements given above are correct?
- None
- Only one
- Only two
- All three
Explanation: Only statement 3 is correct. The Tenth Schedule operates strictly on the basis of individual political parties. Therefore, Statements 1 and 2 are incorrect; a pre-poll alliance is not treated as a single political party under the Schedule, and moving between parties within an alliance constitutes defection.
Consider the following statements regarding the role of the Speaker in relation to the Anti-Defection Law:
1. The Speaker can initiate disqualification proceedings without receiving a petition from any member if the defection happens inside the House.
2. The Speaker's decision on a defection petition must be approved by a simple majority vote in the House before it becomes effective.
3. If a disqualification petition is filed against the Speaker themselves, the matter is decided by a member of the House elected by the House for that purpose.
How many of the statements given above are correct?
- None
- Only two
- All three
- Only one
Explanation: Only statement 3 is correct (Paragraph 6(1) of the Tenth Schedule). Statement 1 is incorrect: According to the rules formulated under the Tenth Schedule, the Speaker generally cannot act suo motu and requires a petition from another member. Statement 2 is incorrect: The Speaker's decision is final and does not require approval by the House.
Consider the following statements in the context of judicial review and the Tenth Schedule:
1. Paragraph 7 of the Tenth Schedule originally barred the jurisdiction of courts in matters connected to disqualification.
2. The Supreme Court in the Kihoto Hollohan case upheld the constitutional validity of Paragraph 7, making the Speaker's decision absolute.
3. Judicial review can only be invoked after the Presiding Officer has made a final decision, except in cases of imminent disqualification facing grave interim orders.
How many of the statements given above are correct?
- Only one
- All three
- Only two
- None
Explanation: Statements 1 and 3 are correct. Paragraph 7 originally ousted court jurisdiction, and judicial review is generally post-decisional. Statement 2 is incorrect: The Supreme Court in *Kihoto Hollohan* (1992) struck down Paragraph 7 as unconstitutional for violating the basic structure (judicial review), holding that the Speaker's order is subject to judicial scrutiny.
Consider the following statements regarding the evolution of judicial review of the Anti-Defection Law:
1. Before the *Kihoto Hollohan* judgment, Paragraph 7 of the Tenth Schedule explicitly barred the jurisdiction of all courts in respect of matters connected with disqualification.
2. The Supreme Court struck down Paragraph 7 on the grounds that it affected the jurisdiction of High Courts and the Supreme Court without the required ratification by State legislatures.
3. The Supreme Court clarified that the presiding officer's order is subject to judicial review on specific grounds of mala fides, perversity, or violation of constitutional mandates.
How many of the statements given above are correct?
- None
- Only one
- Only two
- All three
Explanation: All three statements are correct. Paragraph 7 originally ousted court jurisdiction. The Supreme Court in 1992 struck it down because changes to the jurisdiction of the Supreme Court and High Courts require a constitutional amendment ratified by half the state legislatures, which was not done. Consequently, limited judicial review was established.
Consider the following statements regarding the power to make rules under the Tenth Schedule:
1. The power to make rules for giving effect to the provisions of the Tenth Schedule is vested exclusively in the Parliament.
2. The rules made by the Presiding Officer must be laid before the House for a specified period and are subject to modification by the House.
3. No rule can authorize the Presiding Officer to initiate disqualification proceedings *suo motu* (on their own motion) without a petition.
How many of the statements given above are correct?
- All three
- Only two
- None
- Only one
Explanation: Statements 2 and 3 are correct. Rules are made by the respective Chairman/Speaker and must be laid before the House. Furthermore, proceedings generally begin only upon receipt of a petition from any other member of the House. Statement 1 is incorrect: The power rests with the Chairman or Speaker of the respective House, not Parliament as a whole.
Consider the following statements regarding the recommendation for reforming the Anti-Defection Law:
1. The National Commission to Review the Working of the Constitution (NCRWC) recommended that defection should be decided by the President/Governor on the advice of the Election Commission.
2. The Law Commission of India suggested that the exception provided for mergers should be deleted to completely stop bulk defections.
3. The Supreme Court has suggested establishing a permanent tribunal headed by a retired Supreme Court or High Court judge to decide defection cases, removing the power from the Speaker.
How many of the statements given above are correct?
- Only one
- All three
- None
- Only two
Explanation: All three statements represent valid recommendations made by various bodies to reform the flaws in the Anti-Defection Law. The NCRWC favored transferring power to the President/EC. The 170th report of the Law Commission recommended deleting the merger provision. The Supreme Court (in *Keisham Meghachandra Singh*) suggested an independent tribunal to ensure impartiality.
Consider the following statements regarding the administrative framework of the Tenth Schedule:
1. The Anti-Defection Law was introduced into the Constitution by the 42nd Amendment Act during the Emergency.
2. The power to frame rules for giving effect to the provisions of the Tenth Schedule is exclusively vested in the President of India.
3. Any ordinary citizen of India can file a defection petition against an MLA directly before the Speaker of the Assembly.
How many of the statements given above are correct?
- All three
- Only two
- Only one
- None
Explanation: None of the statements are correct. Statement 1 is incorrect because it was introduced by the 52nd Amendment Act in 1985. Statement 2 is incorrect because the power to frame rules rests with the Chairman or Speaker of the respective House. Statement 3 is incorrect because a disqualification petition can only be filed by another member of the House, not an ordinary citizen.
Consider the following statements regarding the 91st Amendment Act, 2003:
1. It limited the total number of Ministers, including the Prime Minister, to 15% of the total number of members of the Lok Sabha.
2. It mandated that the number of Ministers in a State cannot be less than 12, irrespective of the size of the Assembly.
3. It introduced the provision that independent members can form a separate recognized group within the legislature to demand cabinet positions.
How many of the statements given above are correct?
- Only one
- None
- All three
- Only two
Explanation: Statements 1 and 2 are correct. The 91st Amendment capped the council of ministers at 15% for the Union and States, with a minimum floor of 12 for states. Statement 3 is incorrect because the amendment did not introduce any such provision regarding independent members forming recognized groups for cabinet posts.
Consider the following statements regarding the timing and delay in deciding defection petitions:
1. The Supreme Court has ruled that the Speaker must decide a disqualification petition within three months, absent exceptional circumstances.
2. If the Speaker delays the decision unreasonably, the Supreme Court can intervene and issue a mandamus directing the Speaker to decide.
3. A member facing disqualification is suspended from attending the House pending the final decision by the Speaker.
How many of the statements given above are correct?
- None
- Only two
- Only one
- All three
Explanation: Statements 1 and 2 are correct based on the Supreme Court judgment in *Keisham Meghachandra Singh vs. Hon'ble Speaker* (2020), which established the three-month expectation and allowed court intervention for unreasonable delays. Statement 3 is incorrect: A member retains their full rights and can participate in proceedings until the Speaker formally disqualifies them.
Consider the following statements regarding the applicability of the Tenth Schedule to Rajya Sabha elections:
1. The Supreme Court has ruled that voting in Rajya Sabha elections is subject to the Tenth Schedule, and defying a party whip results in disqualification.
2. Rajya Sabha elections utilize an open ballot system to prevent cross-voting.
3. A member cross-voting in a Rajya Sabha election can be expelled from the party, but they do not automatically lose their seat in the House under the Tenth Schedule.
How many of the statements given above are correct?
- Only one
- Only two
- None
- All three
Explanation: Statements 2 and 3 are correct. Statement 1 is incorrect: The Election Commission and the Supreme Court (in *Kuldip Nayar v. Union of India*) have clarified that the Tenth Schedule and party whips do *not* apply to Rajya Sabha elections. However, the open ballot was introduced to deter cross-voting, and a party can take internal action (expulsion) but the member does not lose their seat under the Tenth Schedule.
Consider the following statements regarding judicial intervention in defection cases:
1. The Supreme Court in the *Kihoto Hollohan* case ruled that the presiding officer acts as a statutory tribunal while deciding defection cases.
2. Judicial review of the presiding officer's decision is generally available only after the final decision has been formally made.
3. The Supreme Court has the power to issue interlocutory injunctions directing the Speaker on how to decide a defection petition before the final order is passed.
How many of the statements given above are correct?
- Only one
- All three
- Only two
- None
Explanation: Statements 1 and 2 are correct. The *Kihoto Hollohan* judgment established that the Speaker acts as a tribunal, subjecting their final decisions to judicial review. Statement 3 is incorrect because the Court specifically stated that judicial review should not cover the interlocutory stage prior to the making of a final decision by the presiding officer (except in grave, imminent cases of disqualification).
Consider the following statements regarding the procedure for deciding defection cases:
1. The member against whom a petition is filed must be given an opportunity to submit their defense.
2. The Presiding Officer may refer the petition to the Committee of Privileges for a preliminary inquiry.
3. The burden of proof to show that a member has voluntarily given up membership lies entirely on the Election Commission.
How many of the statements given above are correct?
- All three
- Only one
- None
- Only two
Explanation: Statements 1 and 2 are correct procedure as per the rules formulated by Presiding Officers. Statement 3 is incorrect: The burden of proof lies on the petitioner (the member filing the complaint), not the Election Commission, which has no role in the Tenth Schedule adjudication.
Consider the following statements regarding the concept of 'voluntarily giving up membership':
1. It is synonymous strictly with a formal, written resignation from the political party.
2. The Supreme Court has ruled that conduct inside or outside the House can infer that a member has voluntarily given up membership.
3. Participating in anti-party activities, such as campaigning against the party's official candidate, can be construed as voluntarily giving up membership.
How many of the statements given above are correct?
- None
- Only one
- All three
- Only two
Explanation: Statements 2 and 3 are correct based on interpretations by the Supreme Court (e.g., *Ravi S. Naik v. Union of India*). Conduct matters; formal resignation is not required. Statement 1 is incorrect because 'voluntarily giving up' is broader than formal resignation.
Consider the following statements regarding the Tenth Schedule of the Indian Constitution:
1. The Anti-Defection Law applies universally to both the Members of Parliament and the members of State Legislatures.
2. The Tenth Schedule was formally added to the Constitution by the 52nd Amendment Act in 1985.
3. The 91st Amendment Act of 2003 omitted the provision that allowed a 'split' by one-third of the party members to be exempt from disqualification.
How many of the statements given above are correct?
- None
- Only two
- Only one
- All three
Explanation: All three statements are correct. The Anti-Defection Law covers both Parliament and State Legislatures. It was inserted via the 52nd Amendment in 1985, and the 91st Amendment (2003) deleted the exemption that protected splits involving one-third of a legislature party.
Consider the following statements regarding independent and nominated members under the Anti-Defection Law:
1. An independent member can join a political party without facing disqualification if they do so within six months of their election.
2. Nominated members are completely exempt from the Anti-Defection Law throughout their entire legislative tenure.
3. The Governor of a state has discretionary power to pardon a member disqualified under the Tenth Schedule if public interest demands it.
How many of the statements given above are correct?
- Only one
- All three
- Only two
- None
Explanation: None of the statements are correct. Statement 1 is incorrect because independent members are disqualified if they join a party at *any* time. Statement 2 is incorrect because nominated members are subject to the law if they join a party after six months. Statement 3 is incorrect because the Governor has no pardoning or appellate power regarding Tenth Schedule disqualifications.
Consider the following statements regarding disqualification under the Anti-Defection Law:
1. A member incurs disqualification if they voluntarily give up the membership of their political party.
2. Disqualification is incurred if a member votes or abstains from voting contrary to any direction issued by their political party, without prior permission.
3. The law does not recognize 'split' in a political party as a valid ground for exemption from disqualification.
How many of the statements given above are correct?
- None
- Only one
- Only two
- All three
Explanation: All three statements are correct. Statement 1 is a primary ground for disqualification. Statement 2 describes defiance of a party whip. Statement 3 is correct because the 91st Amendment Act of 2003 omitted the provision regarding exemption from disqualification in case of a split (which previously required one-third of members).
Consider the following statements regarding exemptions for the Presiding Officer:
1. The exemption applies only to the Speaker of the Lok Sabha and not to the Chairmen of State Legislative Councils.
2. The Presiding Officer can rejoin their original political party immediately after ceasing to hold the office without incurring disqualification.
3. The Presiding Officer is allowed to join an entirely new political party while holding office to maintain absolute neutrality.
How many of the statements given above are correct?
- All three
- Only two
- None
- Only one
Explanation: Only statement 2 is correct based on Paragraph 5 of the Tenth Schedule. Statement 1 is incorrect: The exemption applies to Speakers, Deputy Speakers, Chairmen, and Deputy Chairmen of both Parliament and State Legislatures. Statement 3 is incorrect: The exemption only allows them to voluntarily give up membership of their original party; it does not protect them if they join another party.
Consider the following statements regarding the merger of political parties under the Anti-Defection Law:
1. The Tenth Schedule mandates that the 'original political party' merges with another political party for the merger to be deemed valid.
2. At least two-thirds of the members of the legislature party concerned must formally agree to such a merger.
3. If a recognized merger takes place, the members who agree to it and join the new party are exempt from disqualification.
How many of the statements given above are correct?
- Only one
- All three
- None
- Only two
Explanation: All three statements are correct. Paragraph 4 of the Tenth Schedule outlines the conditions for a valid merger: the original party must merge, at least two-thirds of the legislature party must agree, and those who participate are protected from disqualification.
Consider the following statements regarding exemptions to the Anti-Defection Law:
1. Disqualification does not apply if a member leaves their party as a result of a merger with another political party.
2. A merger is deemed valid only if not less than two-thirds of the members of the legislature party agree to the merger.
3. A person elected as the presiding officer of a House is exempted from disqualification if they voluntarily give up the membership of their party and do not rejoin it while holding office.
How many of the statements given above are correct?
- Only two
- None
- All three
- Only one
Explanation: All three statements are correct. Statement 1 and 2 describe the conditions for a valid merger under Paragraph 4 of the Tenth Schedule (amended by the 91st Amendment). Statement 3 describes the exemption provided under Paragraph 5 for individuals acting as presiding officers (Speaker/Chairman).
Consider the following statements regarding the historical background of the Anti-Defection Law:
1. The Anti-Defection Law was passed during the prime ministership of Rajiv Gandhi in 1985.
2. The problem of frequent floor-crossing gained national prominence and triggered demands for a law after the 1967 general elections.
3. The phrase 'Aaya Ram Gaya Ram' is associated with the frequent defection of an MLA in Haryana in 1967.
How many of the statements given above are correct?
- None
- Only one
- All three
- Only two
Explanation: All three statements are correct. The 52nd Amendment was passed under Rajiv Gandhi in 1985. The 1967 elections saw massive defections, bringing instability. The phrase "Aaya Ram Gaya Ram" was coined after Haryana MLA Gaya Lal changed parties three times in a fortnight.
Consider the following statements regarding the expulsion of a member by their political party:
1. An expelled member immediately loses their seat in the House.
2. An expelled member is considered an 'unattached member' but remains bound by the party's whip.
3. An expelled member incurs disqualification under the Tenth Schedule if they subsequently join a new political party.
How many of the statements given above are correct?
- Only two
- None
- All three
- Only one
Explanation: Statements 2 and 3 are correct. The Supreme Court in *G. Viswanathan v. Speaker* ruled that an expelled member remains subject to the whip of the party on whose ticket they were elected and is disqualified if they join another party. Statement 1 is incorrect: Expulsion from the party does not mean automatic expulsion from the House.
Consider the following statements regarding defection leading to the fall of governments:
1. The Anti-Defection Law was enacted primarily to prevent political instability caused by frequent floor-crossing ('Aaya Ram Gaya Ram' syndrome).
2. A group of members defecting can lead to the fall of a government, but those members will still face disqualification if they do not meet the two-thirds merger criteria.
3. The Governor has the constitutional duty to preemptively disqualify members if they suspect an impending defection that threatens the government.
How many of the statements given above are correct?
- All three
- Only one
- Only two
- None
Explanation: Statements 1 and 2 are correct. The law aimed to stop the 'Aaya Ram Gaya Ram' culture, and defectors (unless forming a valid two-thirds merger) are disqualified, even if their actions successfully topple a government. Statement 3 is incorrect: The Governor has no role or power in Tenth Schedule disqualifications; the power lies solely with the Presiding Officer.
Consider the following statements regarding the role of the Election Commission in defection cases:
1. The Election Commission is the final appellate authority against the decision of the Speaker in defection cases.
2. If a dispute arises over the allocation of a party symbol after a party splits due to defection, the Election Commission decides the matter under the Election Symbols (Reservation and Allotment) Order, 1968.
3. The Speaker must consult the Election Commission before making a final decision on disqualifying a member under the Tenth Schedule.
How many of the statements given above are correct?
- All three
- Only two
- Only one
- None
Explanation: Only statement 2 is correct. When a party factions into rival groups, the EC decides which group gets the symbol. Statement 1 is incorrect: The High Courts and Supreme Court have appellate jurisdiction, not the EC. Statement 3 is incorrect: The Speaker decides independently under the Tenth Schedule without needing to consult the EC (unlike disqualifications under Article 102(1) where the President consults the EC).
Consider the following statements regarding the applicability of the Anti-Defection Law to specific elections:
1. The Anti-Defection Law applies to the election of the President and Vice-President of India.
2. The Anti-Defection Law fully applies to the elections to the Rajya Sabha, and defying a party whip there leads to automatic disqualification.
3. Cross-voting in Rajya Sabha elections may lead to internal expulsion from the political party but not disqualification under the Tenth Schedule.
How many of the statements given above are correct?
- All three
- None
- Only one
- Only two
Explanation: Only statement 3 is correct. The Election Commission and the Supreme Court have clarified that the Tenth Schedule and party whips do not apply to Presidential and Vice-Presidential elections (Statement 1 is false) or to Rajya Sabha elections (Statement 2 is false). While parties use an open ballot for Rajya Sabha, defying it does not trigger Tenth Schedule disqualification, though the party may take internal disciplinary action.
Consider the following statements regarding the legal mechanics of a party merger:
1. If a member's party merges with another party, the member is not disqualified if they agree to the merger, provided the two-thirds condition is met.
2. Members who do not accept the merger and choose to function as a separate group are legally protected from disqualification.
3. The Tenth Schedule recognizes a merger only if the original political party merges with another political party.
How many of the statements given above are correct?
- Only one
- All three
- None
- Only two
Explanation: All three statements accurately reflect the provisions of Paragraph 4 of the Tenth Schedule. A merger protects those who join the new party (if 2/3rds agree) and also explicitly protects the remaining 1/3rd who choose to function as a separate group. The text clearly requires the merger of the 'original political party'.
Consider the following statements regarding party directives and whips:
1. The Anti-Defection Law explicitly uses the term "whip" to describe the directives issued by a political party to its members.
2. The law allows members to vote according to their conscience on matters of national security, overriding party directives without facing disqualification.
3. A member is disqualified if they abstain from voting contrary to the direction issued by their political party without prior permission.
How many of the statements given above are correct?
- All three
- Only one
- None
- Only two
Explanation: Only statement 3 is correct. Abstaining against a party directive without permission triggers disqualification. Statement 1 is incorrect because the term "whip" is not used in the Constitution; it uses "any direction". Statement 2 is incorrect because the Tenth Schedule offers no 'conscience vote' exception for matters of national security or any other issue.
Consider the following statements regarding the application of the Anti-Defection Law to different types of members:
1. A nominated member of a House incurs disqualification if they join any political party after the expiry of six months from taking their seat.
2. An independent member elected to the House is allowed to join a political party within the first six months of their term without incurring disqualification.
3. The provisions of the Tenth Schedule do not apply to the members of the Legislative Councils of the states.
How many of the statements given above are correct?
- None
- Only one
- All three
- Only two
Explanation: Only statement 1 is correct. A nominated member has a 6-month window to join a party; joining after that results in disqualification. Statement 2 is incorrect because an independent member is disqualified if they join a political party at *any* time. Statement 3 is incorrect because the Tenth Schedule applies to both the Legislative Assemblies and Legislative Councils in states.
Consider the following statements regarding the initiation of disqualification proceedings:
1. The Speaker can initiate a defection inquiry suo motu based on reliable media reports of a member joining another party.
2. The burden of proof to show that a member has NOT defected lies entirely on the Election Commission of India.
3. According to the rules made under the Tenth Schedule, a petition for disqualification must be made in writing to the Presiding Officer by any other member of the House.
How many of the statements given above are correct?
- None
- All three
- Only two
- Only one
Explanation: Only statement 3 is correct. The disqualification rules require a formal written petition from another member. Statement 1 is incorrect because the Speaker generally cannot act suo motu. Statement 2 is incorrect because the burden of proof lies on the petitioner (the member making the complaint), and the Election Commission has no role in Tenth Schedule proceedings.
Consider the following statements regarding the implications of disqualification under the Tenth Schedule:
1. A disqualified member is barred from contesting any subsequent by-election during the term of that particular House.
2. Disqualification results in the immediate vacancy of the member's seat in the House.
3. A disqualified member cannot hold any remunerative political post during the period commencing from the date of disqualification till the date their term would normally expire.
How many of the statements given above are correct?
- None
- Only two
- Only one
- All three
Explanation: Statements 2 and 3 are correct. The seat becomes vacant upon disqualification, and Article 361B (inserted by the 91st Amendment) bars them from holding remunerative political posts. Statement 1 is incorrect: A disqualified member is free to contest the subsequent by-election held to fill the vacancy.
Consider the following statements regarding the 91st Amendment Act, 2003:
1. It introduced a provision to protect defecting members if the defection constituted a 'split' involving one-third of the party members.
2. It mandated that a member disqualified under the Tenth Schedule is also disqualified from being appointed as a Minister.
3. It limited the size of the Council of Ministers to 15% of the total strength of the lower house.
How many of the statements given above are correct?
- None
- Only two
- Only one
- All three
Explanation: Statements 2 and 3 are correct provisions of the 91st Amendment Act. Statement 1 is incorrect: The 91st Amendment actually *deleted* the protection for splits involving one-third of members, retaining protection only for mergers (two-thirds).
Consider the following statements regarding the Whip in the context of the Anti-Defection Law:
1. The office of the 'whip' is explicitly mentioned in the Tenth Schedule of the Constitution.
2. Defying a party whip on a minor procedural vote can lead to disqualification under the Tenth Schedule.
3. A member can avoid disqualification for defying a whip if the political party condones their action within 30 days.
How many of the statements given above are correct?
- All three
- Only one
- None
- Only two
Explanation: Only statement 3 is correct. Paragraph 2(1)(b) allows disqualification to be avoided if the action is condoned by the party within 15 days, not 30 days. Statement 1 is incorrect: The Tenth Schedule refers to "any direction issued by the political party" but does not use the term 'whip'. Statement 2 is incorrect because while technically true under the law's text, various committees and court interpretations suggest whips should only be issued on major matters (like confidence motions or money bills) to preserve intra-party democracy, though strictly speaking, any defiance without permission can trigger disqualification. *Correction*: Given the strict text, Statement 3 has a factual error (15 days, not 30). Statement 2 is technically correct under the strict wording of the law, as the law does not distinguish between minor and major votes. Therefore, only statement 2 is factually correct as written based on the strict constitutional text. *Correction to logic*: The question option says 'Only one'. The true statement is Statement 2 (Defying a direction/whip can lead to disqualification regardless of the vote type, as the constitution doesn't differentiate). Statement 1 is false (term is not used). Statement 3 is false (it's 15 days). Therefore, the answer is 'Only one'.
Consider the following statements regarding exceptions to disqualification:
1. The 91st Amendment Act, 2003 recognized a 'split' by one-third of the party members as a valid ground to avoid disqualification.
2. A merger of a political party is legally valid under the Tenth Schedule only if it requires the consent of at least 50% of the members of the legislature party.
3. If a member does not agree to a valid merger and chooses to operate as a separate group, they are immediately disqualified from the House.
How many of the statements given above are correct?
- All three
- None
- Only two
- Only one
Explanation: None of the statements are correct. Statement 1 is incorrect because the 91st Amendment *deleted* the split provision, it didn't recognize it. Statement 2 is incorrect because a valid merger requires the agreement of at least two-thirds (not 50%) of the legislature party members. Statement 3 is incorrect because the Tenth Schedule explicitly protects members who do not accept a merger.