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UPSC Prelims 2022 Paper-1 📅 05 Jun, 2022

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
(a) 1 only
B
(b) 2 only
C
(c) Both 1 and 2
D
(d) Neither 1 nor 2
Result Summary
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APEDIA

UPSC Prelims
2022 • 05 Jun, 2022 • Paper-1
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?
Correct Answer
(b) 2 only
Statement 1 Analysis: Incorrect. Under the Tenth Schedule, a nominated member is actually allowed to join a political party *within* the first six months of tak......
Ref/Book : UPSC Prelims 2022
Ref. Subject Polity
Chapter -
Ref. Topic Parliament
Pg. No -
💡 Analysis & Explanation
Statement 1 Analysis ▼
Incorrect. Under the Tenth Schedule, a nominated member is actually allowed to join a political party *within* the first six months of taking their seat without incurring disqualification. They face defection charges only if they join a party *after* the expiry of this six-month window.
Statement 2 Analysis ▼
Correct. The original text of the Tenth Schedule deliberately lacks a statutory time limit binding the Speaker or Chairman to resolve a defection petition, leaving scope for indefinite delays.
Conclusion ▼
The time-frame omission is accurate, but the rules for nominated members are stated inversely.
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