UPSC Prelims 2022 · Question 16 of 98
UPSC Prelims 2022 question on Anti Defection Law Nominated Members
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?
Show answer
Answer: B. 2 only
Verdict
Correct statement: 2 only → Option (b).
Statement by statement
Statement 1 – INCORRECT: Under the Tenth Schedule (Anti-Defection Law), a nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of SIX MONTHS from the date on which he takes his seat in the House. This means he MAY join any political party within six months of taking his seat without inviting disqualification — the opposite of what Statement 1 claims.
Statement 2 – CORRECT: The Anti-Defection Law does not specify a time period for the Presiding Officer to decide on a disqualification plea. Given that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking disqualification has no remedy if the Presiding Officer delays the decision indefinitely.