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 ?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2022
Statement 2 is correct. The Tenth Schedule does not provide a specific time frame within which the Presiding Officer of the House (Speaker in Lok Sabha, Chairman in Rajya Sabha) must decide on a defection case. This lack of a time limit has often been a subject of controversy and delays in deciding such cases. The Supreme Court has commented on this delay in various judgments and suggested remedies, but the law itself is silent on the timeframe.