Q. 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
Correct Answer: b) 2 only
Question from UPSC Prelims 2022 GS Paper
Explanation :
Anti-Defection Law in India
The anti-defection law in India is a significant legislation that maintains the stability of governments by preventing elected members from switching parties. This law is outlined in the Tenth Schedule of the Indian Constitution, which was introduced by the 52nd Amendment Act of 1985.
Nominated Members and Defection
Contrary to common belief, the anti-defection law provides a clear guideline for nominated members. These members are given a six-month period to align with a political party upon taking their seat in the House. Failure to adhere to this timeframe results in disqualification due to defection.
Time Frame for Decision on Defection Cases
A critical aspect of the anti-defection law is the lack of a specified time frame for the presiding officer to decide on defection cases. The absence of such a deadline has been a point of contention, as it can lead to prolonged delays in adjudication, potentially being exploited for political gains.
