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A Member of Lok Sabha does not become disqualified to continue as a Me

June 1, 2025 by rawan239

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

voluntarily gives up his / her membership of the political party from which he / she was elected

is expelled by the political party from which he / she had been elected to the House

joins a political party after being elected as an independent candidate

abstains from voting contrary to the direction by his / her political party

This question was previously asked in

UPSC CDS-1 – 2016

Download PDF Attempt Online

Under the Tenth Schedule (Anti-Defection Law), a member of a House belonging to a political party becomes disqualified if they voluntarily give up membership (A), vote or abstain against the party whip (D), or if an independent member joins a party after election (C). However, being *expelled* from the political party (B) does not automatically lead to disqualification under the Tenth Schedule. The expelled member continues to be a member of the House but may be treated as an unattached member. They would only be disqualified if they then join another political party or vote/abstain against the whip of the party they were originally elected from (though the applicability of whip after expulsion is a debated point).

Expulsion from a political party is not a direct ground for disqualification under the Tenth Schedule (Anti-Defection Law).

The Tenth Schedule was added by the 52nd Amendment Act of 1985. It was designed to prevent political defections. The power to decide on disqualification is vested in the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

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