| 1. The Anti-Defection Law bans an elected member from voting against the explicit mandate of his/her party. |
| 2. The Anti-Defection provisions do not apply if one-third of the members of a party disobey the mandate of the party and constitute themselves as a separate party. |
A) Only 1
B) Only 2
C) Both 1 and 2
D) Neither 1 nor 2
Correct Answer: A
Solution :
The grounds for disqualification under the Anti-Defection Law are as follows: If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission. As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident. As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'. Finally, the 91st Constitutional Amendment Act, 2003, changed this. So now at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law.
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