With reference to disqualification of Members of Parliament, consider the following statements: 1. A person convicted and sentenced to imprisonment for two years or more is disqualified from contesting elections, but preventive detention does not lead to disqualification. 2. Disqualification under the Tenth Schedule is decided by the President after consulting the Election Commission. 3. A person dismissed from government service for corruption or disloyalty to the State is disqualified from being elected to Parliament. Which of the above statements is/are correct? |ForumIAS

[A] 1 and 2 only

[B] 1 and 3 only

[C] 2 and 3 only

[D] 1, 2 and 3

Answer: B

Notes:

Explanation:

As per the Representation of People Act, 1951, a person convicted and imprisoned for two or more years is disqualified. However, preventive detention is not considered a disqualification.
Disqualification under the Tenth Schedule (Anti-Defection Law) is decided by the Speaker (Lok Sabha) or Chairman (Rajya Sabha), not the President. Furthermore, their decision is subject to judicial review, as ruled by the Supreme Court in 1992.
A person who has been dismissed from government service for corruption or disloyalty to the State is indeed disqualified from being elected to Parliament.

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