Question
Download Solution PDFAnti-defection law under the Constitution of India is elaborated in
This question was previously asked in
WBPSC Miscellaneous Preliminary Exam 2018 Official Paper (Held On 3rd March 2018)
Answer (Detailed Solution Below)
Option 1 : 10th Schedule
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WBPSC Miscellaneous CT: General Studies (Mock Test মক টেস্ট)
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Detailed Solution
Download Solution PDFThe correct answer is 10th Schedule.
Key Points
- The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via the 52nd Amendment Act, of 1985.
- It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
- The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
- It allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection.
- As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.
- The 91st Constitutional Amendment Act, of 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a "merger" for it to have validity in the eyes of the law.
Additional Information
Schedule | Description |
1st | The first schedule contains the list of states and union territories and their territories |
3rd | The third Schedule contains the Forms of Oaths or Affirmations. |
7th | This schedule deals with the three legislative lists: Union, State, and Concurrent. |
Last updated on Mar 18, 2025
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