Change set

Pick exam & year, then Go.

Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q25 (CDS-II/2023) Polity & Governance › Parliament › Anti-defection law Answer Verified

Any question pertaining to the disqualification of a member of the Lok Sabha on the ground of defection is decided by:

Result
Your answer: —  Â·  Correct: B
Explanation

Under the Tenth Schedule of the Constitution of India, introduced by the 52nd Amendment Act, 1985, the power to decide on the disqualification of a member of a House on the ground of defection is vested in the presiding officer of that House [2]. For the Lok Sabha, this authority is the Speaker, while for the Rajya Sabha, it is the Chairman [1]. Paragraph 6 of the Tenth Schedule explicitly states that if any question arises regarding such disqualification, it shall be referred to the Speaker or Chairman, whose decision was originally intended to be final [1]. Although the Supreme Court in the Kihoto Hollohan case (1992) ruled that the Speaker's decision is subject to judicial review on grounds of mala fides or perversity, the primary adjudicating authority remains the Speaker. The President's role in disqualification is limited to other grounds under Article 102(1), not defection.

Sources

  1. [2] https://ili.ac.in/pdf/10.pdf
  2. [1] https://www.mea.gov.in/Images/pdf1/S10.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
88%
got it right
✓ Thank you! We'll review this.

SIMILAR QUESTIONS

5 Cross-Linked PYQs

UPSC repeats concepts across years. Login to see how this question connects to 5 others.

Login with Google