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      Question

      Consider the following statements regarding the

      Anti-Defection Law: 1. The Anti-Defection Law was added to the Constitution by the 52nd Constitutional Amendment Act, 1985. 2. The law applies to both Parliament and State Legislatures. 3. The Presiding Officer’s decision on disqualification under this law is final and cannot be reviewed by courts. Which of the above statements is/are correct?
      A 1 and 2 only Correct Answer Incorrect Answer
      B 2 and 3 only Correct Answer Incorrect Answer
      C 1 and 3 only Correct Answer Incorrect Answer
      D 1, 2 and 3 Correct Answer Incorrect Answer

      Solution

      • Statement 1 is correct: Anti-defection provisions were inserted by the 52nd Amendment (1985). • Statement 2 is correct: It applies to Parliament and all State Legislative Assemblies/Councils. • Statement 3 is incorrect: The Supreme Court (Kihoto Hollohan Case, 1992) held that Presiding Officer’s decision is subject to judicial review.

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