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 ?
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
Question 2 of 4 Anti-Defection Law
Practice PYQ questions from this topic across all years
Consider the following statements: I. If any question arises as to whether a Member...
Consider the following statements: The Parliament (Prevention of Disqualification)...