The question asks about the Supreme Court's interpretation of "voluntarily giving up membership of a political party" under the Tenth Schedule (Anti-defection Law). This provision is crucial in preventing political defections.
Correct Option: D) Conduct from which inference can be drawn that the member has renounced party membership, even without formal resignation
The question asks about the original provision in the Tenth Schedule (Anti-defection Law) regarding an exception from disqualification in case of a 'split' within a political party. We need to recall the specific fraction of members required for such a split to be recognized and avoid disqualification.
C) Not less than one-third of the members of the legislature party. This was the original threshold for a 'split' to be recognized under the Tenth Schedule, allowing members to avoid disqualification.
The question asks about a specific constitutional amendment that removed the 'split' provision from the Tenth Schedule (Anti-defection Law). We need to identify which amendment made this change.
Correct Option: A) The 91st Amendment Act, 2003, deleted the provision of 'split' as an exception under the Tenth Schedule. This amendment aimed to strengthen the anti-defection law by making it more difficult for legislators to defect without facing disqualification.
The question asks about the exceptions to disqualification under the anti-defection law, specifically after the 91st Amendment Act, 2003. The anti-defection law is outlined in the Tenth Schedule of the Indian Constitution. We need to identify which of the given options remains a valid exception to defection.
A) Merger of the original political party with another party, where not less than two-thirds of its members agree to the merger — This is the only remaining exception to disqualification on the ground of defection after the 91st Amendment Act, 2003, apart from the Speaker/Deputy Speaker exemption. If two-thirds or more members of a legislative party agree to merge with another party, they are not disqualified.
The question asks about the conditions under which a merger of political parties is considered valid under the Tenth Schedule of the Indian Constitution. This schedule deals with anti-defection law, and it specifies a particular threshold for mergers to be exempt from disqualification.
B) Not less than two-thirds of the members of the legislature party have agreed to the merger. This is the precise condition stipulated in Paragraph 4(2) of the Tenth Schedule for a merger to be considered valid and exempt from disqualification under the anti-defection law.
The question pertains to the Tenth Schedule of the Indian Constitution, commonly known as the Anti-defection Law. It asks about the specific provisions related to the Speaker, Deputy Speaker, or Deputy Chairman concerning their political party membership.
B) Voluntarily give up the membership of his political party (and rejoin after ceasing to hold the office) without attracting disqualification. This option accurately reflects the provision in Paragraph 5 of the Tenth Schedule, which grants an exception to presiding officers to voluntarily give up their party membership to ensure impartiality, and allows them to rejoin the party after their term in office ends, without facing disqualification under the anti-defection law.