Any question pertaining to the disqualification of a member of the Lok

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

[amp_mcq option1=”The President of India” option2=”The Speaker of the Lok Sabha” option3=”The Supreme Court of India” option4=”The concerned Political Party” correct=”option2″]

This question was previously asked in

UPSC CDS-2 – 2023

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According to the provisions of the Tenth Schedule to the Constitution of India (Anti-Defection Law), any question regarding the disqualification of a member of a House on the ground of defection is decided by the presiding officer of the House. For the Lok Sabha, the presiding officer is the Speaker. For the Rajya Sabha, it is the Chairman.

– The Tenth Schedule was added by the 52nd Amendment Act, 1985.
– It lays down the grounds for disqualification on account of defection.
– The decision of the Speaker (or Chairman) is subject to judicial review, as established by the Supreme Court in the Kihoto Hollohan v. Zachillhu case (1992).

Neither the President of India, the Supreme Court directly (in the first instance), nor the concerned political party is the deciding authority on disqualification under the Tenth Schedule. The power is vested solely in the presiding officer of the respective House, although their decision can be challenged in the courts.

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