Which one of the following statements regarding disqualification of MPs and MLAs on grounds of defection is not correct ?
These provisions are listed in the Tenth Schedule of the Constitution of India.
A member may be disqualified on grounds of defection.
Disqualification on grounds of defection does not apply in case of merger.
All questions regarding disqualification on grounds of defection are referred to the Election Commission of India.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2017
The statement that is NOT correct is D. According to the Tenth Schedule of the Constitution (Anti-defection Law), the final authority to decide on questions regarding disqualification on grounds of defection is the presiding officer of the House (Speaker in the case of Lok Sabha and State Legislative Assembly, Chairman in the case of Rajya Sabha and State Legislative Council), not the Election Commission of India. Statements A, B, and C are correct descriptions of the anti-defection law provisions.
The presiding officer of the legislature has the authority to decide on disqualification cases under the anti-defection law.