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Under Section 29B of Representation of People Act, 1951, political parties can accept donations from individuals and companies, but donations above ______ must be disclosed to the Election Commission.
- ₹10,000
- ₹20,000
- ₹50,000
- ₹1,00,000
Answer: ₹20,000
Section 29B, R.P. Act: Political parties can accept donations; donations above ₹20,000 must be reported to ECI with donor details. Electoral Bonds Scheme (2018-2024) allowed anonymous donations via banks, but Supreme Court struck it down in 2024 (Association for Democratic Reforms case) citing transparency and right to information. Ongoing debate on political funding reforms.
Upon disqualification under Tenth Schedule, the member ceases to be a member of the House and is also barred from being appointed as a ______ until re-election or expiry of term.
- Governor
- Minister
- Speaker
- Committee Chairman
Answer: Minister
Article 75(1B)/164(1B), inserted by 91st Amendment (2003): Person disqualified under Tenth Schedule cannot be appointed as Minister (Union or State) until re-elected or expiry of term, whichever earlier. Prevents reward of defectors with ministerial berths, strengthening anti-defection law's deterrent effect. Applies to CM, PM, and all ministers.
Courts can intervene in anti-defection proceedings only after the Speaker has given a final decision, and not at interim stage except in exceptional circumstances.
- True
- False
Answer: True
Kihoto Hollohan case (1992): SC held judicial review of Speaker's decision under Tenth Schedule is available but: (a) Generally after final decision, (b) Interim relief only in exceptional cases (e.g., imminent irreversible harm), (c) Courts don't act as appellate authority but review constitutional validity. Balances legislative autonomy with constitutional safeguards.
Is there a specific time limit prescribed in the Tenth Schedule for the Speaker to decide disqualification petitions?
- Yes, 30 days
- Yes, 90 days
- Yes, 6 months
- No, no specific time limit
Answer: No, no specific time limit
Tenth Schedule doesn't prescribe time limit for Speaker's decision on disqualification petitions. Supreme Court in Keisham Meghachandra Singh case (2020) recommended Parliament amend Schedule to specify timeframe (e.g., 3 months) except in exceptional cases. Delayed decisions undermine anti-defection law's deterrent effect; reform pending.
Recognized political parties are allotted ______ symbols by the Election Commission, which are reserved for their exclusive use in elections.
- temporary
- permanent
- reserved
- common
Answer: reserved
Election Symbols Order: Recognized parties get reserved symbols (e.g., BJP's lotus, Congress's hand) for exclusive use in elections across India (National Parties) or respective State (State Parties). Unrecognized parties get free symbols from common pool. Reserved symbols aid voter identification, especially for illiterate voters, strengthening electoral democracy.
The Election Commission of India recognizes political parties as either 'National Parties' or 'State Parties' based on electoral performance criteria.
- True
- False
Answer: True
Election Symbols (Reservation and Allotment) Order, 1968: ECI recognizes parties as: (a) National Party: meets criteria in 6+ States (e.g., 6% votes + 4 LS seats in 4+ States, or 2% LS seats in 3+ States), (b) State Party: meets criteria in that State. Recognition grants benefits: reserved symbol, broadcast time, campaign advantages. Criteria revised periodically.
Under Paragraph 2(1)(b) of Tenth Schedule, if a member votes contrary to whip, disqualification can be avoided if the party condones the act within how many days?
- 7 days
- 15 days
- 30 days
- 60 days
Answer: 15 days
Paragraph 2(1)(b) proviso: If member votes/abstains contrary to whip without prior permission, disqualification can be avoided if party condones the act within 15 days. Condonation must be explicit; implied approval insufficient. This allows parties flexibility to handle genuine dissent while maintaining discipline on critical votes.
The 91st Constitutional Amendment Act, 2003 removed the provision allowing ______ of members to split from a party without disqualification.
- one-half
- one-third
- two-thirds
- three-fourths
Answer: one-third
Original Tenth Schedule allowed 'split' if 1/3 of legislature party members defected. 91st Amendment (2003) deleted this provision to curb defections. Now, only 'merger' exception (2/3 rule) remains. Also added Article 75(1B)/164(1B): Defectors cannot be appointed ministers until re-elected or term ends. Strengthened anti-defection regime.
The Supreme Court in Kihoto Hollohan case (1992) held that the Speaker's decision under Tenth Schedule is subject to judicial review on constitutional grounds.
- True
- False
Answer: True
Kihoto Hollohan v. Zachillhu (1992): SC upheld constitutional validity of Tenth Schedule but held: (a) Speaker's decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandates, (b) Judicial intervention only after final decision by Speaker (not interim), (c) Courts can grant interim stay in exceptional cases. Balances legislative autonomy with constitutional accountability.
Under the Tenth Schedule, questions of disqualification on grounds of defection are decided by the ______ of the House.
- Chief Justice
- President/Governor
- Speaker/Chairman
- Election Commission
Answer: Speaker/Chairman
Paragraph 6(1) of Tenth Schedule: Speaker of Lok Sabha/State Assembly or Chairman of Rajya Sabha/State Council decides disqualification petitions. Their decision is subject to judicial review (Kihoto Hollohan case, 1992). Controversy exists over Speaker's impartiality when belonging to ruling party; reforms debated to transfer power to independent tribunal.
A nominated member of a House is disqualified under Tenth Schedule if they join any political party after the expiry of ______ months from the date on which they take their seat.
- 3
- 6
- 9
- 12
Answer: 6
Paragraph 2(3) of Tenth Schedule: Nominated members can join a political party within 6 months of taking seat without disqualification. After 6 months, joining any party leads to disqualification. Rationale: Allows nominated members time to align with political groups while preventing opportunistic late affiliations. Applies to Rajya Sabha and State Legislative Council nominated members.
An independent member elected to legislature is disqualified if they join any political party after election.
- True
- False
Answer: True
Paragraph 2(2) of Tenth Schedule: Independent member (elected without party symbol) is disqualified if they join any political party after election. Rationale: Voters elected them as independent; joining party post-election betrays electoral mandate. However, they can support a party without joining it, though this may have political consequences.
Under the Tenth Schedule, defection is NOT deemed to have occurred if ______ of the members of a legislature party merge with another party.
- one-half
- two-thirds
- three-fourths
- all
Answer: two-thirds
Paragraph 4 of Tenth Schedule: Merger exception - disqualification doesn't apply if original party merges with another party, OR if not less than 2/3 of members of legislature party agree to merge. This allows genuine ideological realignments while preventing small-group defections. 91st Amendment removed 'split' exception (1/3 rule) to curb defections.
Under Paragraph 2(1)(b) of Tenth Schedule, a member is disqualified if they vote or abstain from voting contrary to the ______ issued by their party, without prior permission.
- notice
- whip
- directive
- order
Answer: whip
Paragraph 2(1)(b): Member disqualified if they vote/abstain contrary to party whip without prior permission, and such act is not condoned by party within 15 days. Whip is formal direction on voting. Exception: If vote/abstention relates to motion of no-confidence, confidence, money bill, or constitutional amendment, whip violation doesn't lead to disqualification (91st Amendment).
Under the Tenth Schedule, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
- True
- False
Answer: True
Paragraph 2(1)(a) of Tenth Schedule: A member is disqualified if they voluntarily give up membership of political party on whose ticket they were elected. 'Voluntarily giving up' includes actions showing resignation from party even without formal letter (Kihoto Hollohan case). Prevents opportunistic defections for personal gain.
The Anti-Defection Law is contained in which Schedule of the Indian Constitution?
- Ninth Schedule
- Tenth Schedule
- Eleventh Schedule
- Twelfth Schedule
Answer: Tenth Schedule
Tenth Schedule was inserted by the 52nd Constitutional Amendment Act, 1985 to curb political defections. It contains provisions for disqualification of members of Parliament and State Legislatures on grounds of defection. Aimed at promoting political stability and preventing horse-trading in legislatures.
Which statement best describes India's approach to Centre-State relations?
- Strict separation of powers with no overlap
- Flexible federalism with Union supremacy in national interest
- Complete State autonomy with minimal Union interference
- Unitary system with ceremonial States
Answer: Flexible federalism with Union supremacy in national interest
Indian federalism: (a) Division of powers via three Lists, but residuary powers with Union, (b) States have executive/legislative autonomy in State List, but Union can legislate during Emergency/with Rajya Sabha resolution, (c) Financial autonomy via tax devolution, but Finance Commission and GST Council ensure coordination, (d) Governor as bridge between Centre-State. Designed for unity in diversity: flexible enough for regional needs, strong enough for national challenges.
A Proclamation of National Emergency under Article 352 must be approved by both Houses of Parliament within ______ month(s) of its issue, by special majority.
- 1
- 2
- 3
- 6
Answer: 1
Article 352(4): Emergency proclamation must be approved within one month by both Houses with special majority: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. If Lok Sabha is dissolved, Rajya Sabha approves, but Lok Sabha must approve within 30 days of reconstitution. 44th Amendment (1978) tightened approval requirements to prevent misuse like 1975 Emergency.
The GST Council is an example of cooperative federalism where both Union and States participate in decision-making on indirect taxation.
- True
- False
Answer: True
GST Council (Article 279A): Chaired by Union Finance Minister; members include Union Minister of State for Finance + State Finance Ministers. Decisions by 3/4 majority: Centre has 1/3 vote weight, States collectively 2/3. Enables consensus-based decisions on GST rates, exemptions, thresholds. Exemplifies cooperative federalism: shared sovereignty in fiscal policy for 'One Nation, One Tax'.
Which Constitutional Amendment introduced the provision that amendments affecting federal structure require ratification by half of State Legislatures?
- Original Constitution
- 24th Amendment
- 42nd Amendment
- 73rd Amendment
Answer: Original Constitution
Article 368(2) proviso (in original Constitution): Amendments affecting: (a) election of President, (b) extent of executive power of Union/States, (c) Supreme Court/High Courts, (d) distribution of legislative powers, (e) representation of States in Parliament, (f) Article 368 itself, require ratification by legislatures of not less than half States. Protects federal features from unilateral Union amendment; foundational federal safeguard.