UPSC Prelims 2022 Q16: Indian Polity – Anti - Defection Law
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?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only
Explanation
Anti-defection law — Tenth Schedule
| Statement | Verdict | Reason |
|---|---|---|
| 1. A nominated member cannot join a party within six months | Wrong | It is the reverse: a nominated member may join a party within six months; joining after six months leads to disqualification |
| 2. No time limit for the presiding officer to decide | Correct | The Tenth Schedule sets no deadline. In Keisham Meghachandra Singh (2020) the Supreme Court said decisions should come within three months |
Key provisions:
| Category | Disqualified if |
|---|---|
| Party member | Voluntarily gives up membership or defies the party whip |
| Independent member | Joins a party after election |
| Nominated member | Joins a party after six months of taking the seat |
| Exception — merger | Two-thirds of the legislature party agree to merge |
Answer: (b) 2 only.
Why each option is right or wrong
- (a) Incorrect. Statement 1 reverses the rule; nominated members can join a party within six months.
- (b) CORRECT. The Tenth Schedule gives no time limit for the Speaker or Chairman to decide.
- (c) Incorrect. Statement 1 is false, so 'both' fails.
- (d) Incorrect. Statement 2 is true; no deadline exists in the law itself.
Key point
Tenth Schedule: nominated member may join a party within 6 months; no statutory deadline for the presiding officer (SC suggested 3 months).
Remember
The anti-defection law sets no time limit for deciding defection cases.
Common mistakes
- Reversing the six-month rule for nominated members.
- Thinking the Supreme Court's three-month guidance is part of the Tenth Schedule; it is not in the text.
- Forgetting that the 91st Amendment removed the one-third 'split' exception.
Exam tip
Nominated: six months to choose a party, then locked. Independents can never join one.
Sources
- Constitution of India — Tenth Schedule
- Kihoto Hollohan v. Zachillhu (1992)
- Keisham Meghachandra Singh v. Speaker, Manipur (2020)