Here is Question No. 16 a part of our series on UPSC Prelims 2022.
Q16. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer – B
- Statement 1 is incorrect: According to the Tenth Schedule of the Constitution, a nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of 6 months from the date on which he takes his seat in the House. Hence, he/she can join any political party within 6 months of taking his/her seat in the House without the fear of disqualification.
- Statement 2 is correct: There is no time period mentioned in the law during which the Presiding officer has to decide on the disqualification plea
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