UPSC Prelims 2022 GS Paper I · Q16 / 97 Polity & Governance medium

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. (a) 1 only
  2. (b) 2 only ✓ UPSC's answer
  3. (c) Both 1 and 2
  4. (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.

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