With reference to anti-defection law in India, Consider the following statements.

UPSC Prelims 2022 Question:

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
3. c) Both 1 and 2
4. d) Neither 1 nor 2

Correct Answer: Option b) 2 only

Learn more about Anti-Defection Law in India in the given explanation below.

Explanation:

• As per the Anti-defection Law,a nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. Thus, she/he can join a political party before the expiration of 6 months after becoming a member. So, statement 1 is not correct.

What is the Anti-Defection Law?

• Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent. 
• Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India. Anti-defection laws aim to prevent or discourage defection by imposing penalties on politicians who switch parties or otherwise violate party discipline. 
• These laws may be designed to ensure that politicians are held accountable to the voters who elected them and to maintain the stability and cohesion of political parties. 
• In some countries, anti-defection laws allow political parties to expel members who defect, while in others, they may disqualify defectors from holding public office or impose other penalties.
• Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. The law does not provide a time-frame within which the presiding officer has to decide a defection case. So, statement 2 is correct.

Therefore, option (b) is the correct answer.

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