BPSC CCE Prelims
Anti-Defection Law Previous Year Questions (PYQs)
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Which one of the following Schedule of the Constitution of India contains provisions regarding Anti-defection Act?
Detailed Explanation:
The Tenth Schedule of the Indian Constitution contains provisions regarding the Anti-Defection Law, added by the 52nd Amendment Act, 1985.
It disqualifies legislators for voluntarily giving up party membership or voting against party whip, with decisions taken by the Speaker/Chairman.
Who decides the disqualification of members of the State Legislative Assembly for matters other than those in the tenth schedule of the Constitution?
Detailed Explanation:
Article 192 empowers the Governor to decide disqualification of State Legislative Assembly members for reasons other than defection (Tenth Schedule).
Grounds under Article 191 include: holding an office of profit, being of unsound mind, undischarged insolvency, not being a citizen of India, or violating other membership qualifications. The Governor must obtain and act on the Election Commission's opinion.
Defection cases under the Tenth Schedule are decided by the Speaker, not the Governor.
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