Q. Consider the following statements:
1.Under the 91st Amendment Act, a member disqualified on the grounds of defection is also disqualified from being appointed as a Minister until the expiry of their term or until re-election.
2.A person disqualified under the Tenth Schedule is constitutionally barred from contesting any election for a minimum period of six years.
Which of the statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: A
Notes:

Explanation:

  • Statement 1 is correct: Article 75(1B) and Article 164(1B) (added by the 91st Amendment) prohibit a defector from holding a ministerial post or a remunerative political post during the period of disqualification.
  • Statement 2 is incorrect: The Tenth Schedule does not mention a 6-year ban on contesting. A disqualified member can contest a by-election immediately to return to the House (as seen in several recent state political developments).
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