GS PrelimsPolityTenth Schedule and Anti-defection Law2022

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

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Correct Answer: Option B

Explanation

1. Statement 1: The anti-defection law, as per the Tenth Schedule of the Constitution, allows a nominated legislator to join a political party within six months of taking their seat in the House without facing disqualification. Joining after six months leads to disqualification. The statement incorrectly claims they cannot join within six months. Thus, statement 1 is incorrect. 2. Statement 2: The anti-defection law (Tenth Schedule) vests the decision-making authority regarding disqualification on grounds of defection with the presiding officer of the House. The law itself does not prescribe any specific time-frame within which the presiding officer must decide a defection case. While the Supreme Court has made observations regarding the need for timely decisions, the law lacks a mandatory timeline. Thus, statement 2 is correct. 3. Since only statement 2 is correct, the correct option is (B).

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