UPSC CSE Prelims
Anti-Defection Law Previous Year Questions (PYQs)

Detailed Explanation:

Both statements are incorrect. Under the Tenth Schedule (Anti-Defection Law), the decision on disqualification of MPs is made by the Speaker of the Lok Sabha (or Chairman in the case of Rajya Sabha), not by the President.

Also, the term "political party" is explicitly mentioned in the Tenth Schedule of the Constitution, which deals with defection and party membership.

Why the statements are wrong:

📝 Short Notes: Anti-Defection Law

Key Fact:
The Anti-Defection Law was introduced to curb political instability caused by frequent party switching by elected representatives.

Detailed Explanation:

Answer: Option 2 — 2 only

This question tests the understanding of the Anti-Defection Law as enshrined in the Tenth Schedule of the Constitution. Statement 1 is incorrect because the law allows nominated members to join a political party within six months, not prohibits them. Statement 2 is correct as the law indeed does not prescribe any time limit for the presiding officer to decide defection cases.

❌ Statement 1 – Incorrect: The Anti-Defection Law permits a nominated legislator to join any political party within six months of being appointed to the House, not prohibits such joining. If they join after six months, they will be disqualified.
✅ Statement 2 – Correct: The Tenth Schedule does not specify any time-frame within which the presiding officer must decide a defection case, which has led to several cases of prolonged delays.

📝 Short Notes: Anti-Defection Law (Tenth Schedule)

• Added by: 52nd Constitutional Amendment Act, 1985
• Purpose: To curb political defections and provide stability to governments
• Grounds for Disqualification: (a) Voluntary giving up of party membership, (b) Voting or abstaining contrary to party whip without prior permission, (c) Nominated members joining a party after 6 months, (d) Elected members joining another party after election
• Exception (Merger): No disqualification if 2/3rd members of a legislature party decide to merge with another party
• Authority: Presiding officer (Speaker/Chairman) decides on disqualification; subject to judicial review
• Time Limit: No time limit specified in the law for deciding cases (frequently criticized)
• No Bar on Re-election: Disqualified members can contest elections again
• Split abolished: 91st Amendment Act, 2003 deleted the exception for splits, retained only merger provision

Detailed Explanation:

Answer: Option 1 — 1 and 2 only

The Parliament (Prevention of Disqualification) Act, 1959 exempts certain offices from disqualification under Article 102(1)(a), and has been amended five times to expand this list. However, the term 'Office of Profit' is not defined in the Constitution and its meaning has evolved through judicial interpretation.

✅ Statement 1 – Correct: The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts (like Ministers of State, Deputy Ministers, etc.) from disqualification on grounds of holding an 'Office of Profit' under the Government.
✅ Statement 2 – Correct: The Act has been amended five times (in 1960, 1993, 1999, 2000, and 2006) to expand the list of exempted offices.
❌ Statement 3 – Incorrect: The term 'Office of Profit' is mentioned in Articles 102 and 191 but is not defined in the Constitution; its interpretation has been left to judicial pronouncements.

📝 Short Notes: Office of Profit

• Constitutional Provisions: Articles 102(1)(a) for MPs and 191(1)(a) for MLAs disqualify persons holding an 'Office of Profit' under the Government from being members of Parliament or State Legislature respectively.
• No Statutory Definition: Neither the Constitution nor the Representation of the People Act, 1951 defines 'Office of Profit'; the concept has evolved through judicial interpretation.
• Key Judicial Tests: Courts consider factors like whether the office carries remuneration, whether it is held at the pleasure of the government, and whether the government exercises control over the office.
• Parliament (Prevention of Disqualification) Act, 1959: This Act lists offices that are exempted from disqualification, such as Ministers, Deputy Ministers, and various other specified posts under the Union and State Governments.
• Amendments: The Act has been amended in 1960, 1993, 1999, 2000, and 2006 to include more offices in the exemption list as per evolving needs.

Detailed Explanation:

The Tenth Schedule of the Constitution contains provisions regarding anti-defection.

Added by the 52nd Amendment Act, 1985, it provides for disqualification of legislators on grounds of defection by voluntarily giving up party membership or disobeying party whip (except in cases like splits and mergers as per rules).