Prelims 2022 · Q16
MediumWith 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?
Answer & explanation
Answer: (b) 2 only
The Tenth Schedule works the other way round for nominated members: they may join a party within six months of taking their seat and are disqualified only if they join after that. It leaves defection cases to the Speaker or Chairman but sets no deadline for deciding them.
- ✗ 1. Paragraph 2(3) disqualifies a nominated member who joins a political party after the expiry of six months from taking the seat — so joining within the first six months is allowed.
- ✓ 2. Paragraph 6 refers disqualification questions to the Chairman or Speaker, whose decision is final, but prescribes no time limit for the decision.
Remember · Tenth Schedule: nominated member may join a party within 6 months of taking seat; independents may never join one; Speaker/Chairman decides, with no statutory deadline.
Sources
- Constitution of India (as on 2024), Tenth Schedule, paragraph 2(3) — Legislative Department ↗ “A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat … the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final”
Question and answer: UPSC's official GS Paper I (2022, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink ·