UPSC CSE Prelims
Question 52
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 ?
View correct answer and explanation
Correct answer: B
Correct Option: B (2 only)
Explanation: Under the Tenth Schedule, nominated members may join a party within six months of taking their seats; no fixed statutory deadline originally required a Speaker’s ruling in defection cases.
Statement / Pair / Item-wise Analysis:
1. False / does not qualify - A nominated member can join a political party within six months of taking a seat without triggering the Tenth Schedule restriction.
2. True / qualifies - The Tenth Schedule gives no specific decision deadline to the Speaker/Chairman, though the Supreme Court has urged timely decisions.
Option-wise Analysis:
A. Incorrect-includes 1 even though A nominated member can join a political party within six months of taking a seat without triggering the Tenth Schedule restriction.; omits 2 even though The Tenth Schedule gives no specific decision deadline to the Speaker/Chairman, though the Supreme Court has urged timely decisions.
B. Correct-selects exactly the correct statements/items identified above.
C. Incorrect-includes 1 even though A nominated member can join a political party within six months of taking a seat without triggering the Tenth Schedule restriction.
D. Incorrect-omits 2 even though The Tenth Schedule gives no specific decision deadline to the Speaker/Chairman, though the Supreme Court has urged timely decisions.