According to the Constitution (Fifty Second Amendment) Act 1985 as amended in 2003, a legislator attracts disqualification under the Tenth Schedule if I. he voluntarily gives up the membership of the party on whose ticket he was elected. II. he votes or a

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Q: 58 (CDS-II/2009)
According to the Constitution (Fifty Second Amendment) Act 1985 as amended in 2003, a legislator attracts disqualification under the Tenth Schedule if
I. he voluntarily gives up the membership of the party on whose ticket he was elected.
II. he votes or abstains from voting contrary to any direction issued by his political party.
III. as a result of split, less than one third of the members formed a new group or party in the house.
IV. a member who has been elected as a independent member joins any political party.

Select the correct answer using the code given below:

question_subject: 

Polity

question_exam: 

CDS-II

stats: 

0,78,72,11,58,3,78

keywords: 

{'legislator': [0, 0, 1, 0], 'disqualification': [1, 0, 1, 1], 'independent member': [0, 1, 1, 0], 'fifty second amendment': [0, 0, 1, 0], 'constitution': [39, 3, 11, 39], 'party': [10, 2, 7, 13], 'political party': [1, 0, 0, 0], 'member': [22, 5, 20, 36], 'members': [37, 11, 44, 71], 'membership': [5, 1, 1, 3], 'split': [1, 0, 2, 2], 'tenth schedule': [1, 1, 0, 3], 'act': [7, 1, 13, 45], 'abstains': [0, 0, 1, 0]}

The correct answer is option 4, which states that all the given statements (I, II, III, and IV) are correct.

Let`s dissect each option to better understand why they are correct or incorrect.

Option 1 states that statements II and III are correct. Statement II refers to a legislator being disqualified if they vote or abstain from voting against the directions of their political party. This is indeed a valid reason for disqualification under the Tenth Schedule of the Constitution. However, statement III mentions a split where less than one-third of the members form a new group or party. This is incorrect as the Constitution does not specify this criterion for disqualification. Therefore, option 1 is incorrect.

Option 2 states that statements I, II, and IV are correct. Statement I refers to a legislator voluntarily giving up their party membership, which is a valid reason for disqualification. Statement II, as explained earlier, is also correct. However, statement IV refers to a member joining a political party after being elected as an independent member. This statement is incorrect as the Constitution actually does not disqualify a legislator for joining a political party after being elected as an independent. Therefore, option 2 is incorrect.

Option 3 states that statements I and