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Which of the following is NOT a provision to disqualify the members of a political party on the ground of defection mentioned in the tenth schedule of
Question

Which of the following is NOT a provision to disqualify the members of a political party on the ground of defection mentioned in the tenth schedule of the Indian Constitution?

A.

If a nominated member joins another party after 6 months of his seat

B.

If a party merges with another party

C.

If a member votes against his party will

D.

If an elected member joins another party after election

Correct option is B

The correct answer is:(b) If a party merges with another party

Explanation:
• Under the Tenth Schedule of the Constitution (Anti-Defection Law),merger of a political party with another party is an exception, not a ground for disqualification.
• If two-thirds of the members agree to a merger, they are not disqualified.

Information Booster:
• The Anti-Defection Law was added by the 52nd Amendment Act, 1985.
• It is included in the Tenth Schedule of the Constitution.
• The Speaker/Chairman decides on disqualification under this law.
Exception sinclude party mergers and election as Speaker/Deputy Speaker.
91st Amendment Act, 2003disallowed split as a ground for exemption.
• Applies to both Parliament and State Legislatures.

Additional Information:
Option (a): Nominated members are disqualified if they join a party after 6 months, as per Para 4 of Tenth Schedule.
Option (c): Voting against party directions (whip) without prior permission leads to disqualification.
Option (d): Elected members joining another party after election (without resignation) are disqualified.

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