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Q101 (CDS-I/2016) Polity & Governance › Parliament › Anti-defection law Answer Verified

A Member of Lok Sabha does not become disqualified to continue as a Member of the House if the Member :

Result
Your answer: —  Â·  Correct: B
Explanation

Under the Tenth Schedule of the Indian Constitution, a Member of Lok Sabha is disqualified if they voluntarily give up their party membership [1], join a political party after being elected as an independent candidate [1], or vote/abstain from voting contrary to the party's direction (whip) without prior permission or condonation [1]. However, the law does not explicitly provide for disqualification solely on the grounds of being expelled by the political party. According to judicial interpretations and the legislative history of the 52nd Amendment, an expelled member is often treated as 'unattached' but continues to belong to the original party for the purposes of the Tenth Schedule to prevent them from joining another party without attracting disqualification. Thus, mere expulsion by the party does not automatically result in the loss of the seat in the House.

Sources

  1. [1] https://www.mea.gov.in/Images/pdf1/S10.pdf
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