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 ?
- (a) 1 only
- (b) 2 only ✓ UPSC's answer
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Why the answer is (b)
• Statement 1 is wrong: under paragraph 2(3) of the Tenth Schedule a nominated member may join a political party within six months of taking his seat; he is disqualified only if he joins a party after that period.
• Statement 2 is correct: the Tenth Schedule sets no time limit for the Speaker or Chairman to decide a defection petition; the Supreme Court in Keisham Meghachandra Singh (2020) suggested three months and recommended an independent tribunal.
• Prolonged delays in deciding petitions have been a recurring controversy.
• Hence 2 only, option (b).
Why the other options are wrong
- (a) 1 only
- Statement 1 is wrong: a nominated member may join a party within six months.
- (c) Both 1 and 2
- Statement 1 is wrong, so both cannot be correct.
- (d) Neither 1 nor 2
- Statement 2 is correct: no time-frame is prescribed.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2022, held on 5 June 2022. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.