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UPSC General Studies Sample Paper General Studies Sample Paper-4

  • question_answer
    Under the Anti-defection law, the speaker of the Lok Sabha takes decisions on the question of disqualification of a member of the house under which of his following capacities.

    A)  Presiding office

    B)         Tribunal

    C)  Arbitration                   

    D) (d) Administrative head of the Lok Sabha

    Correct Answer: B

    Solution :

    [b] Anti-defection law originally provided that the decision of the presiding officer is final in this regard and cannot be questioned in any court. However, in Kihoto Hollohan Case (1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and High Court. It held that the presiding officer, while deciding a question under the Tenth schedule function as a tribunal. Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of perversity.


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