Prelims 2022 · Polity and Constitution · Question 16
With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any time-frame within which the presiding officer has to decide a defection case. Which of the statements given above is/are correct?
Answer
2 only
Statement 1: Incorrect. Under the Tenth Schedule, a nominated member may join a political party within six months of taking his seat in the House without attracting disqualification; joining after six months invites disqualification.
Statement 2: Correct. The anti-defection law does not prescribe a specific time-limit for the Presiding Officer/Speaker to decide disqualification petitions, though courts have later stressed timely disposal.
Therefore, only statement 2 is correct.