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

← Q15 Q17 →

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.

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2022 · Q20 · General Studies · 2 marks

    With reference to Deputy Speaker of Lok Sabha, consider the following statements: 1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix. 2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party. 3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings. 4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister. Which of the statements given above are correct?

    View answer →

  2. 2025 · Q88 · General Studies · 2 marks

    Consider the following statements: I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President's decision in accordance with the opinion of the Council of Union Ministers shall be final. II. There is no mention of the word 'political party' in the Constitution of India. Which of the statements given above is/are correct?

    View answer →

PDF