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A member of either House of Parliament who belongs to a political party is disqualified under paragraph…

Article 75(1B) bars appointment from the date of disqualification. The bar ends at the expiry of the original term or, if earlier, on declaration of election after the…

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A member of either House of Parliament who belongs to a political party is disqualified under paragraph 2 of the Tenth Schedule. When does the resulting bar on appointment as a Union Minister end?

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Answer and explanation

Correct answer B

Article 75(1B) bars appointment from the date of disqualification. The bar ends at the expiry of the original term or, if earlier, on declaration of election after the person contests an election to either House before that term expires.

Option feedback

Option A

The six-month provision in Article 75(5) concerns a minister who is not a member of Parliament. It does not end the disqualification under Article 75(1B).

Option B

The declaration of election ends the bar if it occurs before the original term would expire.

Option C

The original term's expiry is the endpoint only if there is no earlier declaration of election that qualifies under Article 75(1B).

Option D

Article 75(1B) makes this defection disqualification a bar to ministerial appointment.

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