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The Supreme Court has held that 'voluntarily giving up membership' under Tenth Schedule includes not just formal resignation but also conduct showing ______ with the political party.
- agreement
- disassociation
- collaboration
- consultation
Answer: disassociation
Ravi Naik v. Union of India (1994) and subsequent cases: 'Voluntarily giving up membership' interpreted broadly to include: (a) Formal resignation, (b) Public statements against party, (c) Joining rival party activities, (d) Voting against party whip. Focus on substance over form; prevents technical evasion of anti-defection law while respecting genuine dissent.
The Election Commission can derecognize a political party if it fails to conduct organizational elections or submit audited accounts as required.
- True
- False
Answer: True
Election Symbols Order: ECI can derecognize party for: (a) Failure to conduct organizational elections, (b) Non-submission of audited accounts, (c) Violation of model code of conduct, (d) Engaging in activities prejudicial to sovereignty/integrity of India. Derecognition leads to loss of reserved symbol and other benefits. Ensures accountability of recognized parties.
In which case did the Supreme Court emphasize that the Speaker must decide disqualification petitions under Tenth Schedule within a reasonable time, failing which courts may intervene?
- Kihoto Hollohan case (1992)
- Keisham Meghachandra Singh case (2020)
- Nabam Rebia case (2016)
- Ravi Naik case (1994)
Answer: Keisham Meghachandra Singh case (2020)
Keisham Meghachandra Singh v. Hon'ble Speaker Manipur Legislative Assembly (2020): SC held Speaker must decide Tenth Schedule petitions within reasonable time (suggested 3 months); unreasonable delay undermines law's efficacy. Court can intervene if delay causes irreversible harm. Highlighted need for parliamentary amendment to fix timeframe; reform still pending.
The Election Commission mandates recognized political parties to conduct regular organizational elections and maintain records of membership as per the ______ Order, 1968.
- Political Parties Registration
- Election Symbols
- Conduct of Elections
- Representation of People
Answer: Election Symbols
Election Symbols (Reservation and Allotment) Order, 1968: Recognized parties must: (a) Conduct organizational elections periodically, (b) Maintain membership records, (c) Submit audited accounts to ECI, (d) Follow internal democratic procedures. Non-compliance can lead to derecognition. Aims to promote inner-party democracy, though enforcement remains challenging.
The Supreme Court has held that the Speaker, while deciding disqualification petitions under Tenth Schedule, functions as a tribunal and must act impartially, free from political considerations.
- True
- False
Answer: True
Kihoto Hollohan case (1992): SC held Speaker functions as quasi-judicial tribunal while deciding Tenth Schedule petitions; must act impartially, follow natural justice principles (notice, hearing, reasoned order). However, Speaker's political affiliation raises concerns about bias; reforms proposed to transfer power to independent tribunal (e.g., Election Commission or judicial panel).
Under Section 29B of Representation of People Act, 1951, political parties can accept donations from individuals and companies, but donations above ______ must be disclosed to the Election Commission.
- ₹10,000
- ₹20,000
- ₹50,000
- ₹1,00,000
Answer: ₹20,000
Section 29B, R.P. Act: Political parties can accept donations; donations above ₹20,000 must be reported to ECI with donor details. Electoral Bonds Scheme (2018-2024) allowed anonymous donations via banks, but Supreme Court struck it down in 2024 (Association for Democratic Reforms case) citing transparency and right to information. Ongoing debate on political funding reforms.
Upon disqualification under Tenth Schedule, the member ceases to be a member of the House and is also barred from being appointed as a ______ until re-election or expiry of term.
- Governor
- Minister
- Speaker
- Committee Chairman
Answer: Minister
Article 75(1B)/164(1B), inserted by 91st Amendment (2003): Person disqualified under Tenth Schedule cannot be appointed as Minister (Union or State) until re-elected or expiry of term, whichever earlier. Prevents reward of defectors with ministerial berths, strengthening anti-defection law's deterrent effect. Applies to CM, PM, and all ministers.
Courts can intervene in anti-defection proceedings only after the Speaker has given a final decision, and not at interim stage except in exceptional circumstances.
- True
- False
Answer: True
Kihoto Hollohan case (1992): SC held judicial review of Speaker's decision under Tenth Schedule is available but: (a) Generally after final decision, (b) Interim relief only in exceptional cases (e.g., imminent irreversible harm), (c) Courts don't act as appellate authority but review constitutional validity. Balances legislative autonomy with constitutional safeguards.
Is there a specific time limit prescribed in the Tenth Schedule for the Speaker to decide disqualification petitions?
- Yes, 30 days
- Yes, 90 days
- Yes, 6 months
- No, no specific time limit
Answer: No, no specific time limit
Tenth Schedule doesn't prescribe time limit for Speaker's decision on disqualification petitions. Supreme Court in Keisham Meghachandra Singh case (2020) recommended Parliament amend Schedule to specify timeframe (e.g., 3 months) except in exceptional cases. Delayed decisions undermine anti-defection law's deterrent effect; reform pending.
Recognized political parties are allotted ______ symbols by the Election Commission, which are reserved for their exclusive use in elections.
- temporary
- permanent
- reserved
- common
Answer: reserved
Election Symbols Order: Recognized parties get reserved symbols (e.g., BJP's lotus, Congress's hand) for exclusive use in elections across India (National Parties) or respective State (State Parties). Unrecognized parties get free symbols from common pool. Reserved symbols aid voter identification, especially for illiterate voters, strengthening electoral democracy.
The Election Commission of India recognizes political parties as either 'National Parties' or 'State Parties' based on electoral performance criteria.
- True
- False
Answer: True
Election Symbols (Reservation and Allotment) Order, 1968: ECI recognizes parties as: (a) National Party: meets criteria in 6+ States (e.g., 6% votes + 4 LS seats in 4+ States, or 2% LS seats in 3+ States), (b) State Party: meets criteria in that State. Recognition grants benefits: reserved symbol, broadcast time, campaign advantages. Criteria revised periodically.
Under Paragraph 2(1)(b) of Tenth Schedule, if a member votes contrary to whip, disqualification can be avoided if the party condones the act within how many days?
- 7 days
- 15 days
- 30 days
- 60 days
Answer: 15 days
Paragraph 2(1)(b) proviso: If member votes/abstains contrary to whip without prior permission, disqualification can be avoided if party condones the act within 15 days. Condonation must be explicit; implied approval insufficient. This allows parties flexibility to handle genuine dissent while maintaining discipline on critical votes.
The 91st Constitutional Amendment Act, 2003 removed the provision allowing ______ of members to split from a party without disqualification.
- one-half
- one-third
- two-thirds
- three-fourths
Answer: one-third
Original Tenth Schedule allowed 'split' if 1/3 of legislature party members defected. 91st Amendment (2003) deleted this provision to curb defections. Now, only 'merger' exception (2/3 rule) remains. Also added Article 75(1B)/164(1B): Defectors cannot be appointed ministers until re-elected or term ends. Strengthened anti-defection regime.
The Supreme Court in Kihoto Hollohan case (1992) held that the Speaker's decision under Tenth Schedule is subject to judicial review on constitutional grounds.
- True
- False
Answer: True
Kihoto Hollohan v. Zachillhu (1992): SC upheld constitutional validity of Tenth Schedule but held: (a) Speaker's decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandates, (b) Judicial intervention only after final decision by Speaker (not interim), (c) Courts can grant interim stay in exceptional cases. Balances legislative autonomy with constitutional accountability.
Under the Tenth Schedule, questions of disqualification on grounds of defection are decided by the ______ of the House.
- Chief Justice
- President/Governor
- Speaker/Chairman
- Election Commission
Answer: Speaker/Chairman
Paragraph 6(1) of Tenth Schedule: Speaker of Lok Sabha/State Assembly or Chairman of Rajya Sabha/State Council decides disqualification petitions. Their decision is subject to judicial review (Kihoto Hollohan case, 1992). Controversy exists over Speaker's impartiality when belonging to ruling party; reforms debated to transfer power to independent tribunal.
A nominated member of a House is disqualified under Tenth Schedule if they join any political party after the expiry of ______ months from the date on which they take their seat.
- 3
- 6
- 9
- 12
Answer: 6
Paragraph 2(3) of Tenth Schedule: Nominated members can join a political party within 6 months of taking seat without disqualification. After 6 months, joining any party leads to disqualification. Rationale: Allows nominated members time to align with political groups while preventing opportunistic late affiliations. Applies to Rajya Sabha and State Legislative Council nominated members.
An independent member elected to legislature is disqualified if they join any political party after election.
- True
- False
Answer: True
Paragraph 2(2) of Tenth Schedule: Independent member (elected without party symbol) is disqualified if they join any political party after election. Rationale: Voters elected them as independent; joining party post-election betrays electoral mandate. However, they can support a party without joining it, though this may have political consequences.
Under the Tenth Schedule, defection is NOT deemed to have occurred if ______ of the members of a legislature party merge with another party.
- one-half
- two-thirds
- three-fourths
- all
Answer: two-thirds
Paragraph 4 of Tenth Schedule: Merger exception - disqualification doesn't apply if original party merges with another party, OR if not less than 2/3 of members of legislature party agree to merge. This allows genuine ideological realignments while preventing small-group defections. 91st Amendment removed 'split' exception (1/3 rule) to curb defections.
Under Paragraph 2(1)(b) of Tenth Schedule, a member is disqualified if they vote or abstain from voting contrary to the ______ issued by their party, without prior permission.
- notice
- whip
- directive
- order
Answer: whip
Paragraph 2(1)(b): Member disqualified if they vote/abstain contrary to party whip without prior permission, and such act is not condoned by party within 15 days. Whip is formal direction on voting. Exception: If vote/abstention relates to motion of no-confidence, confidence, money bill, or constitutional amendment, whip violation doesn't lead to disqualification (91st Amendment).
Under the Tenth Schedule, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
- True
- False
Answer: True
Paragraph 2(1)(a) of Tenth Schedule: A member is disqualified if they voluntarily give up membership of political party on whose ticket they were elected. 'Voluntarily giving up' includes actions showing resignation from party even without formal letter (Kihoto Hollohan case). Prevents opportunistic defections for personal gain.