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?
A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
Answer & Solution
Correct answer: B. 2 only
Answer: B. Only Statement 2 is correct.
Statement 1 is WRONG. The Anti-Defection Law (Tenth Schedule of the Constitution, added by 52nd Amendment 1985) provides that a NOMINATED MEMBER who joins ANY POLITICAL PARTY WITHIN SIX MONTHS of appointment is NOT subject to disqualification under the Tenth Schedule for that act. After six months, joining a party would attract disqualification. So nominated members CAN join a party within six months without consequence — the law does the OPPOSITE of what statement 1 claims.
Statement 2 is CORRECT. The Tenth Schedule does NOT specify any time-frame within which the Presiding Officer (Speaker/Chairman) must decide a defection petition. This has led to deliberate delays in many high-profile cases. The Supreme Court in KEISHAM MEGHACHANDRA SINGH v Speaker Manipur (2020) recommended that defection cases be decided within 3 MONTHS, but this is judicial guidance, not statutory time frame.
Source: Tenth Schedule of Constitution / 52nd and 91st Amendments / Keisham Meghachandra Singh judgment.
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