Q16 · UPSC Prelims 2022 · Set A · Polity and Governance

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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
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (b) 2 only

Explanation

  1. A

    1 only

    1 only. A nominated member may join a party within six months; the ban is on joining after six months.

  2. B

    2 only

    2 only. The Tenth Schedule sets no clock for the Speaker/Chairman to decide a petition.

  3. C

    Both 1 and 2

    Both. Statement 1 reverses the six-month rule.

  4. D

    Neither 1 nor 2

    Neither. The open-ended timeline is why courts have been asked to step in.

Summary. Official key is (b) 2 only. A nominated legislator can join a political party within six months; after that, joining attracts disqualification. The anti-defection law does not fix a time-limit for the presiding officer’s decision.

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