Q. Which one of the following statements about the Tenth Schedule is incorrect?
Quarterly-SFG-Jan-to-March
Red Book

[A] The Speaker or Chairman has the power to decide disqualification under the anti-defection law

[B] The decision of the Speaker is not subject to judicial review

[C] A nominated member can be disqualified if they join a political party after six months

[D] The law applies to both Parliament and State Legislatures

Answer: B
Notes:

Explanation – While the Speaker or Chairman has the authority to decide disqualification under the anti-defection law (as outlined in the Tenth Schedule), their decision is subject to judicial review, as established by various Supreme Court rulings. The judiciary can intervene if there is a violation of constitutional provisions or procedural irregularities.

Source: The Hindu


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