Provisions of the anti-defection law regarding nominated legislators and presiding officers
Question
With reference to anti-defection law in India, consider the following statements: Which of the statements given above is/are correct?
- 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.
Options
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation
Statement 1 is incorrect; the Tenth Schedule explicitly allows a nominated member to join a political party within six months of taking their seat without penalty. They are disqualified only if they join after the six-month grace period expires. Statement 2 is correct; the anti-defection law glaringly lacks any mandatory time-frame for the Presiding Officer to decide a disqualification petition.
Answer: (b).
Question details
Year
2022
Paper
GS Paper 1
Question
Q16
Subject
Polity
Sub-topic
Parliament & Legislature
Type
Statement-based
Difficulty
Medium
Nature
Static
Source hint
Constitution Schedule X / Supreme Court Kihoto Hollohan Judgment
Same sub-topic — other years
Parliament & Legislature has appeared in multiple papers:
See all questions on Parliament & Legislature
Browse every tagged question across all years