{"id":92004,"date":"2025-06-01T11:11:02","date_gmt":"2025-06-01T11:11:02","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=92004"},"modified":"2025-06-01T11:11:02","modified_gmt":"2025-06-01T11:11:02","slug":"with-reference-to-anti-defection-law-in-india-consider-the-following","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/","title":{"rendered":"With reference to anti-defection law in India, consider the following"},"content":{"rendered":"<p>With reference to anti-defection law in India, consider the following statements:<\/p>\n<ul>\n<li>1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.<\/li>\n<li>2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.<\/li>\n<\/ul>\n<p>Which of the statements given above is\/are correct ?<\/p>\n<p>[amp_mcq option1=&#8221;1 only&#8221; option2=&#8221;2 only&#8221; option3=&#8221;Both 1 and 2&#8243; option4=&#8221;Neither 1 nor 2&#8243; correct=&#8221;option2&#8243;]<\/p>\n<div class=\"psc-box-pyq-exam-year-detail\">\n<div class=\"pyq-exam\">\n<div class=\"psc-heading\">This question was previously asked in<\/div>\n<div class=\"psc-title line-ellipsis\">UPSC IAS &#8211; 2022<\/div>\n<\/div>\n<div class=\"pyq-exam-psc-buttons\"><a href=\"\/pyq\/pyq-upsc-ias-2022.pdf\" target=\"_blank\" class=\"psc-pdf-button\" rel=\"noopener\">Download PDF<\/a><a href=\"\/pyq-upsc-ias-2022\" target=\"_blank\" class=\"psc-attempt-button\" rel=\"noopener\">Attempt Online<\/a><\/div>\n<\/div>\n<section id=\"pyq-correct-answer\">\nStatement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification.<br \/>\nStatement 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.<br \/>\n<\/section>\n<section id=\"pyq-key-points\">\nThe anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.<br \/>\n<\/section>\n<section id=\"pyq-additional-information\">\nThe Anti-defection law was added to the Constitution by the 52nd Amendment Act of 1985. The decision of the Presiding Officer regarding defection is subject to judicial review, as established by the Supreme Court in the Kihoto Hollohan case (1992).<br \/>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>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 &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"With reference to anti-defection law in India, consider the following\" class=\"read-more button\" href=\"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/#more-92004\">Detailed Solution<span class=\"screen-reader-text\">With reference to anti-defection law in India, consider the following<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1092],"tags":[1108,1099,1178],"class_list":["post-92004","post","type-post","status-publish","format-standard","hentry","category-upsc-ias","tag-1108","tag-indian-polity-and-governance","tag-schedules","no-featured-image-padding"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.2 (Yoast SEO v23.3) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>With reference to anti-defection law in India, consider the following<\/title>\n<meta name=\"description\" content=\"Statement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification. 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. The anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"With reference to anti-defection law in India, consider the following\" \/>\n<meta property=\"og:description\" content=\"Statement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification. 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. The anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:11:02+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"1 minute\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"With reference to anti-defection law in India, consider the following","description":"Statement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification. 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. The anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/","og_locale":"en_US","og_type":"article","og_title":"With reference to anti-defection law in India, consider the following","og_description":"Statement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification. 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. The anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:11:02+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"1 minute"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/","url":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/","name":"With reference to anti-defection law in India, consider the following","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:11:02+00:00","dateModified":"2025-06-01T11:11:02+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"Statement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification. 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. The anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-anti-defection-law-in-india-consider-the-following\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC IAS","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-ias\/"},{"@type":"ListItem","position":3,"name":"With reference to anti-defection law in India, consider the following"}]},{"@type":"WebSite","@id":"https:\/\/exam.pscnotes.com\/mcq\/#website","url":"https:\/\/exam.pscnotes.com\/mcq\/","name":"MCQ and Quiz for Exams","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/exam.pscnotes.com\/mcq\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209","name":"rawan239","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","caption":"rawan239"},"sameAs":["https:\/\/exam.pscnotes.com"],"url":"https:\/\/exam.pscnotes.com\/mcq\/author\/rawan239\/"}]}},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/92004","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/comments?post=92004"}],"version-history":[{"count":0,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/92004\/revisions"}],"wp:attachment":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/media?parent=92004"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/categories?post=92004"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/tags?post=92004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}