Question

UPSC Prelims 2022 Question:

With reference to anti-defection law in India, consider the following statements:

The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.

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. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 2: 2 only

Detailed Solution

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.
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 (2) is the correct answer.

Subject: Polity| Anti-Defection Law

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