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
▶ Answer & Explanation
Correct answer: B. 2 only
The Tenth Schedule of the Constitution, commonly known as the anti-defection law, does not impose a restriction on nominated members joining a political party after six months. Instead, it states that they are subject to the same provisions as any other member after the six-month period expires. Furthermore, the law does not prescribe a specific time limit for the presiding officer to decide disqualification proceedings, leading to potential delays.
Source: UPSC gs1 2022