Consider the following statements with regard to the Members of Parliament :
- 1. Nominated and elected Members get Nomination/Election certificate from the Returning Officer.
- 2. Nominated Member gets the Letter of Nomination from the Ministry of Law.
- 3. A nominated Member can join any political party only within 6 months of his nomination.
Which of the above statements is/are correct ?
1 only
2 only
1 and 3 only
2 and 3 only
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC SO-Steno – 2017
Statement 3: According to the Tenth Schedule (Anti-Defection Law), a nominated member can join a political party within six months of taking his seat (which is usually after taking oath). Joining after six months results in disqualification. Thus, Statement 3 is correct.
Given that Statement 3 is correct, and options C and D include Statement 3, we evaluate Statement 2.
Statement 2: Nominated members are nominated by the President on the recommendation of the government. The formal notification of nomination is published in the Gazette. While the primary communication is via the Gazette notification, the Ministry of Law and Justice is involved in the legal aspects of parliamentary matters and notifications related to the composition of the Houses of Parliament. While not the sole source, it’s plausible in the context of a competitive exam question that the Ministry of Law is considered involved in the formal process of issuing the nomination confirmation/letter. Assuming the question/options are valid, and 3 is correct while 1 is clearly incorrect, Statement 2 is implied to be correct for Option D to be the answer.