UPSC Previous Year Question | Prelims GS | 2022

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

Correct Answer

2 only

Explanation

Statement 1 is incorrect — a nominated member is free to join a party within six months without disqualification; disqualification applies only after six months. Statement 2 is correct — the Tenth Schedule specifies no time limit for the presiding officer to decide defection cases.

Topics: anti defection law, nominated legislators, polity, tenth schedule