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
Correct Answer
C
Both 1 and 2
D
Neither 1 nor 2
Explanation
Statement 2 is correct because the Tenth Schedule does not prescribe a specific time limit for the Presiding Officer to adjudicate on disqualification petitions, a procedural lacuna often noted by the judiciary. Statement 1 is incorrect and frequently confuses candidates because a nominated member is actually permitted to join a political party within the first six months; they are only disqualified if they join a party *after* that period expires. The core concept tested is the specific disqualification criteria for different categories of members (nominated vs. elected) and the discretionary powers of the Speaker under the Anti-Defection Law.
Indian PolityAnti-Defection Law (Tenth Schedule)anti-defection lawnominated legislatorpolitical partysix monthspresiding officertime-framedefection caseTenth Schedule