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Any question regarding disqualification arising out of defection is to be decided by the:

President of India

Presiding officer of the House

Chief Justice of India

Chief Election Commissioner

• 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 Kihoto Hollohan v. Zachillhu, 1992 SCR (1) 686, 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, function as a tribunal. Hence, his decision like that of any other tribunal is subject to judicial review on the grounds of mala fides, perversity, etc. But, the court rejected the contention that the vesting of adjudicatory powers in the Presiding Officer is by itself invalid on the ground of political bias.<br>• The Presiding Officer of a house is also empowered to make rules to give effect to the provisions of the Tenth Schedule.<br>• All such rules must be placed before the house for thirty days. The house may approve or modify or disapprove them..<br>• Further, he may direct that any wilful contravention by any member of such rules may be dealt with in the same manner as a breach of privilege of the house.<br>• According to the rules made so, the presiding officer can take up a defection case only when he receives a complaint from a member of the house. <br>• Before taking the final decision, he must give the member (against whom the complaint has been made) a chance to submit his explanation. He may also refer the matter to the committee of privileges for enquiry. Hence, defection has no immediate and automatic effect.

Consider the following statements:<br>1. At present a 'defection' by one-third of the elected members of a political party is considered a 'merger'.<br>2. A split in a political party will not be considered a defection if an entire political party merges with another.<br>Which of the above statement(s) is/are correct?

All of the Above

None of the Above

Clear constitutional recognition to the existence of political parties in India for the first time was given by

The establishment of Election Commission of India

The Anti-defection provisions in the Tenth schedule of the Constitution

The establishment of the Inter-State Council of India

The 73rd and 74th amendment to the Constitution of India

• The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another. For this purpose, it made changes in four Articles of the Constitution and added a new Schedule (the Tenth Schedule) to the Constitution. This act is often referred to as the 'anti-defection law'. These provisions facilitate democratic realignment of parties in the legislature by way of merger of parties. It also reduces corruption at the political level as well as non-developmental expenditure incurred on irregular elections. And, for the first time, it gives, a clear-cut constitutional recognition to the existence of political parties.

The question of disqualification under the Anti-defection provisions under Tenth Schedule of the constitution is decided by the

Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha

Supreme Court in case of Parliament and concerned High courts in case of State legislative assemblies

President of India in all cases based on the recommendations of the Union cabinet

Election Commission of India

Which of the following are the circumstances under which an elected Member of Parliament may be disqualified on the ground of defection? <br>1. If he voluntarily gives up his membership of a political party<br>2. If he votes or abstains from voting contrary to any direction issued by his political party without prior permission of the political party<br>3. If he speaks against the political party<br>4. If he joins a political party other than the party on whose ticket he contested and got elected<br>Select the correct answer from the codes given below:

• A MP can speak against his political party. This forms part of his/her Parliamentary privileges as well as Freedom of Speech and Expression (Article 19(a)). If this were not the case, then Parliamentary democracy will not be a reality in India post enactment of anti-defection law.

Disqualification on ground of defection does not apply in cases of<br>1. Political Party mergers<br>2. Political party splits <br>3. A candidate quitting political party<br>Choose the correct answer from the codes given below.

1 and 2 only

2 and 3 only

1 and 3 only

• 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. The above disqualification on the ground of defection does not apply in the following two cases:<br>• 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 merger.<br>• If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or re-joins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office.

Which of the following amendments to 4 the Constitution curbed Prime Minister's discretion to appoint any number of ministers in his Cabinet?

90th Amendment

91st Amendment

92nd Amendment

93ed Amendment

• Article 72 of the Constitution prescribes that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the number of members of the House of the People.<br>• Prior to 1 January 2004 (effective date of 91st Amendment of the Constitution) the Prime Minister had discretion to appoint any number in his of ministers. But the Constitution (Ninety-first Amendment) Act in 2003 made a drastic change in curbing such power of the Prime Minister.<br>• This Amendment added Clause (1A) in this Article which made a specific provision that, the total number of Ministers, including Prime Minister, in no case can exceed 15% of the total number of Lok Sabha members.

The 91st Amendment Act of 2003 is significant because <br>1. It gave constitutional recognition to the system of political parties.<br>2. It regulated the size of council of ministers based on the strength of Lok Sabha. <br>Which of the above is/are correct?

Both 1 and 2

• Justification: Statement 1: Till this amendment was introduced, the Constitution did not refer to the existence of political parties, even though the entire system of governance is based on the party system.<br>• Through this amendment, there is a clear constitutional recognition of political parties for the first time. The amendment brought in the Tenth Schedule provides that an MP/ MLA/MLC forfeits his/her membership of the legislature if he/she defects from the party on whose symbol he/she was elected.<br>• Statement 2: As per the amendment, the total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.

Which committee was responsible for exemption from disqualification in case of a split from 10th Schedule?

Kalkar Committee

Dinesh Goswami Committee

S.K. Majhi Committee

None of the above

• Explanation: Following the Dinesh Goswami Committees recommendations, there must be assent of at-least 2/3rd members for any merger to be termed as valid.

Which of the following statements is true regarding a whip?<br>1. He/she can expel a member at the Time of defection.<br>2. He/she has the power to expel a member of the House in case of defection.<br>Which of the above is/are correct?

Both 1 and 2

None of the above

• Explanation: The whip of any party can expel the member in case he/she observes a defection.