MasteryExams
Indian Polity • Parliament & ExecutiveHard

Analyze the constitutional provisions regarding the disqualification of members of Parliament under Article 102 and the Tenth Schedule: 1. If a member of either House of Parliament votes or abstains from voting contrary to any direction issued by their political party without prior permission, they face disqualification under the anti-defection law. 2. The question of disqualification under the Tenth Schedule is decided by the Election Commission of India. 3. An independent member of Parliament gets disqualified if they join any political party after taking their oath in the House. Which of the statements given above are correct?

A. 1 and 3 only✓ Correct Answer
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3

💡 Solution & Explanation

Statements 1 and 3 are correct. Floor crossing by party members without whip exemption or joining a party after winning as an independent attracts disqualification under the Tenth Schedule. Statement 2 is incorrect because the decision on disqualification under the anti-defection law rests with the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, not the Election Commission, subject to judicial review as established in the Kihoto Hollohan case.

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