IAS General Studies Prelims Question No. 80

A member of Parliament will disqualify to remain so if __:
1. his party merges with another party
2. voluntarily gives up membership of political party which gave him ticket to win election
3. abstains from voting in contrary to the direction of party
Choose the correct option from the codes given below:
[A] Only 1 & 2
[B] Only 2 & 3
[C] Only 3
[D] None of them
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[B] Only 2 & 3
Tenth Schedule of the Constitution of India provides that a member of Lok Sabha or Rajya Sabha or Legislative Assembly of Legislative Council is disqualified for being a member of the House if 1. He voluntarily gives up the membership of the political party that gave him the ticket (‘original political party’) to contest the election; OR
2. if he votes or abstains from voting in the House contrary to any direction issued by the original political party without obtaining the prior permission of the original political party and such voting has not been condoned by the original political party with in fifteen days from the date of voting or abstention. Thus, a member of Legislature is bound to follow the instructions of his original political party in all matters that are put to vote in the House and will be disqualified if he does not follow these instructions. However, he will be saved from disqualification if his original political party condones his action in violation of the direction within fifteen days of voting.

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