Civil Services Prep

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?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

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.

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