Q1. 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 timeframe within which the presiding officer has to decide a defection case.
Which of the statements given above is/are correct?
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 timeframe within which the presiding officer has to decide a defection case.
Which of the statements given above is/are correct?
Explanation
Statement 1 is incorrect: A nominated member of a House becomes 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 in the House. This means that he may join any political party within six months of taking his seat in the House.
Statement 2 is correct: The law does not specify any time period for the Presiding Officer to decide on a disqualification plea under the Tenth Schedule.