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UPSC Prelims 2022 · Polity · Elections, Parties & Anti-defection
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.
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer and explanation
Answer: (b) 2 only
No statutory time limit for the presiding officer.
Statement by statement
1. ✗ WRONG — the reverse A nominated member may join a party within six months of taking the seat. Joining after six months disqualifies.
2. ✓ CORRECT The Tenth Schedule sets no deadline. In Keisham Meghachandra Singh (2020) the Supreme Court said decisions should ordinarily come within three months, but that is a court guideline, not the law.
The idea
Grounds under the Tenth Schedule: voluntarily giving up party membership · voting/abstaining against the whip without permission (unless condoned within 15 days) · an independent joining a party · a nominated member joining after six months. Exception: merger backed by two-thirds of the legislature party (the 1/3 “split” exception was removed by the 91st Amendment, 2003).
Why the others are wrong
(a) Statement 1 turns the six-month rule upside down.
(c) Statement 1 is reversed.
(d) Statement 2 is correct — which is why delays have been a long-running problem.
The trap
The six-month number is right; the direction is flipped.
🔒 Nominated member: can join a party WITHIN 6 months · independent: can never join · merger needs 2/3 · no deadline for the Speaker (SC suggests 3 months).
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