With reference to the Tenth Schedule of the Indian Constitution, consider the following statements:1.It was added into the Constitution by the 52nd Amendment Act, 1985.2.The claim of being the 'real party' acts a defence against disqualification under the tenth schedule.3.The schedule only applies to defections happening within the State Legislative Assemblies.Which of the statements given above is/are correct?

Q. With reference to the Tenth Schedule of the Indian Constitution, consider the following statements:
1.It was added into the Constitution by the 52nd Amendment Act, 1985.
2.The claim of being the ‘real party’ acts a defence against disqualification under the tenth schedule.
3.The schedule only applies to defections happening within the State Legislative Assemblies.
Which of the statements given above is/are correct?

[A] 1 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: A

Notes:

Explanation –

Statement 1 is correct. Tenth Schedule was added into the Constitution by the 52nd Amendment Act, 1985.

Statements 2 and 3 are incorrect. As per the SC judgment, 10th schedule of the Constitution does not recognize ‘split’ with a party as a defence against disqualification. The only defence is merger with another party. 10^th schedule applies to both Parliament and state assemblies.

Source: LiveLaw

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