UPSC Prelims Practice Questions — Decide disqualification petitions against MLAs by Oct. 8, SC tells Bengal Speaker

Q1. With reference to the decision of disqualification petitions under the Tenth Schedule of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A petition seeking the disqualification of a member on the ground of defection can be moved by any other member of the House.
  2. Courts ordinarily step in to restrain the presiding officer even before the presiding officer has given a decision on the petition.
  3. While deciding such a petition, the presiding officer acts as a tribunal exercising judicial power.
  • A. 2 and 3 only
  • B. 1 and 3 only
  • C. 1, 2 and 3
  • D. 1 only

Q2. Consider the following statements regarding decisions under the anti-defection law: Which of the following is correct in respect of the above statements?

  1. A presiding officer's order disqualifying a legislator under the Tenth Schedule can be challenged before the High Court or the Supreme Court.
  2. The Tenth Schedule, as it stands, expressly provides for an appeal against the presiding officer's decision to the High Court.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. Consider the following assertion: Making the presiding officer of a legislature the authority to decide disqualification petitions under the Tenth Schedule raises concerns about impartial adjudication. Which of the following statements support/supports the above assertion?

  1. The presiding officer depends on the continued support of the majority in the House.
  2. A Bench of the Supreme Court urged Parliament to consider replacing the presiding officer, as arbiter of such disputes, with a permanent tribunal headed by a retired judge.
  3. The presiding officer's decision on a disqualification petition is subject to judicial review.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 only
  • D. 1 and 2 only

Q4. In the context of a dispute between rival factions of a recognised political party, consider the following statements regarding the roles of the presiding officer of the legislature and the Election Commission of India: Which of the statements given above are correct?

  1. An Election Commission order recognising one faction as the party automatically settles the disqualification of the legislators of the other faction.
  2. Under the Election Symbols (Reservation and Allotment) Order, 1968, the Commission may decide that none of the rival groups is the recognised political party.
  3. The presiding officer, while deciding disqualification petitions, may allot the party's reserved symbol to the faction found to be genuine.
  4. A legislator can be disqualified under the Tenth Schedule even while the Commission's proceedings over the party symbol are still pending.
  • A. 2, 3 and 4 only
  • B. 1 and 3 only
  • C. 2 and 4 only
  • D. 1, 2 and 4 only

Q5. With reference to the Tenth Schedule of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A member may be held to have voluntarily given up membership of the party even without formally resigning from it.
  2. Voting in the House contrary to a direction issued by the member's political party can lead to disqualification.
  3. Where a merger has the support of two-thirds of the legislature party, members who decline to join the merger and stay with the original party are also not disqualified.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 and 2 only
  • D. 1 and 3 only

Q6. Consider the following statements regarding disqualification of Members of a State Legislative Assembly: Which of the following is correct in respect of the above statements?

  1. A question whether an MLA has incurred disqualification on the ground of defection is referred to the Governor, who decides it according to the opinion of the Election Commission.
  2. A question whether an MLA has become disqualified for holding an office of profit under the Government is decided by the Governor according to the opinion of the Election Commission.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q7. With reference to disqualification of legislators in India, consider the following statements: Which of the statements given above is/are correct?

  1. Under the scheme of Articles 102 and 191, defection is a ground of disqualification alongside grounds such as holding an office of profit and being of unsound mind.
  2. A member disqualified for defection is also ineligible to be appointed a minister until the expiry of that member's term or until re-elected, whichever is earlier.
  3. A member disqualified for defection is barred from contesting elections to any legislature for six years.
  • A. 2 and 3 only
  • B. 1 only
  • C. 1 and 3 only
  • D. 1 and 2 only