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Which of the following statements are correct in respect of Anti-Defection Law?

OPSC OAS 2023 PrelimsPolityQuestion 12

Solved previous year question from the OPSC OAS/OCS 2023 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.

Question

Which of the following statements are correct in respect of Anti-Defection Law?

(1) Anti-defection Law found place in the Constitution by 52nd Constitutional Amendment

(2) The Tenth Schedule of Indian Constitution was inserted in the Constitution in the year 1989

(3) The Anti-defection Law was reinforced in the year 2002

(4) If any Member who is independently elected joins any political party, he is not disqualified

Which of the statements given above is/are correct?

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Answer & Explanation

Correct answer: Not valued by OPSC (question dropped from evaluation)

  • The Anti-Defection Law, also known as the Tenth Schedule, was introduced in the Indian Constitution in 1985 by 52nd amendment to curb the practice of defection among elected representatives.
  • Anti-Defection Law was reinforced/strengthened by 91st Constitutional Amendment Act 2003, not 2002
  • Statement 4 saying "he is NOT disqualified" appears incorrect

Key Provisions

  • Definition of Defection: Defection is defined as the act of a member of a legislature or parliament voluntarily giving up membership of their original party.
  • Disqualification: A member who defects from their original party is disqualified from being a member of the legislature or parliament.

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