Question

 

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

 

Answer

 

The correct answer is B. 2 only

 

According to the Anti-defection Law, a nominated member of a House will be disqualified from being a member if they join any political party after six months from the date they take their seat in the House. However, it is permissible for them to join a political party within the first six months of becoming a member.

 

In cases where there is a question regarding disqualification due to defection, the decision is made by the presiding officer of the House. The law does not specify a specific time-frame within which the presiding officer must decide a defection case. The determination of such cases is left to the discretion of the presiding officer, taking into account the relevant facts and circumstances.

 

This provision of the Anti-defection Law aims to maintain the integrity and stability of the legislative process by discouraging defection and ensuring that elected representatives do not switch political affiliations for personal or opportunistic reasons. It sets a timeframe for nominated members to adhere to their non-partisan status and provides the presiding officer with the authority to make decisions on defection cases in a manner that upholds the spirit of the law.