Polity
2022
Amendment Process
Union and State
State Legislature

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?

A.1 only
C.Both 1 and 2
B.2 only
D.Neither 1 nor 2

Correct Answer: Option B

The question pertains to the Anti-Defection Law in India, specifically focusing on nominated members and the timeframe for decisions on defection cases.

Statement 1 is incorrect: A nominated member of a House is disqualified if they join any political party after the expiry of six months from the date they take their seat.

Statement 2 is correct: The Anti-Defection Law does not prescribe a specific time limit for the Presiding Officer to decide on a disqualification plea. This lack of a timeframe has often led to delays in resolving defection cases.

Hence, only statement 2 is correct.