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Context: A Member of Parliament (MP) was found guilty in a defamation case and given a two-year prison sentence by a Surat district court.
Details
Lily Thomas case
What next in the Present case?
Options available with the MP
Defamation
Defamation Law in India
Disqualification of Legislature: https://www.iasgyan.in/daily-current-affairs/disqualification-of-legislators
Disqualification under Anti-Defection law: https://www.iasgyan.in/daily-current-affairs/anti-defection-law-34
Disqualification under the office of Profit:
https://www.iasgyan.in/daily-current-affairs/office-of-profit
PRACTICE QUESTION Q. Consider the following Statement; 1. A nominated legislator is prohibited from joining a political party within six months after their appointment to the House. 2. The legislation makes no mention of a deadline by which the presiding officer must decide a defection case. Which of the following Statement is/are correct? (A) 1 only (B) 2 only (C) Both 1 and 2 (D) Neither 1 nor 2 Answer: B Explanation: Statement 1 is incorrect: A nominated MP within six months of being nominated to the House can choose to join a political party. The time is given so that if a nominated MP is not a member of a political party, they can decide to join one if they want. But if they don’t join a political party during the first six months of their tenure, and join a party thereafter, then they lose their seat in Parliament. Statement 2 is correct: The House's presiding officer will decide on any disqualification issue resulting from a defection. The Presiding Officers are not given a time limit by law to consider a disqualification plea. The petitioner has no choice but to wait until the officer has decided since the courts can only get involved after the officer has made a decision. |
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