Question map
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?
Explanation
The correct answer is Option 2.
Statement 1 is incorrect: According to the Tenth Schedule of the Constitution, a nominated member has the freedom to join a political party within six months of taking their seat. Disqualification occurs only if they join a party after the expiry of this six-month period. The statement incorrectly suggests they cannot join within the first six months.
Statement 2 is correct: The Anti-Defection Law does not prescribe a specific statutory time-limit for the Presiding Officer (Speaker/Chairman) to adjudicate on disqualification petitions. While the Supreme Court in the Keisham Meghachandra Singh case (2020) recommended that such cases should ideally be decided within three months, this remains a judicial guideline rather than a codified provision within the law itself.
Therefore, only the second statement accurately reflects the current legal framework of the Tenth Schedule.
PROVENANCE & STUDY PATTERN
Full viewA classic 'Static disguised as Current' question. While defection is a hot news topic, the answer lies explicitly in standard texts (Laxmikanth Ch: Anti-Defection Law). It tests precise knowledge of 'exceptions' (nominated members) and 'lacunae' (no timeframe).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Does the anti-defection law in India (Tenth Schedule of the Constitution) specify that a nominated legislator cannot join any political party within six months of being appointed to the House?
- Statement 2: Does the anti-defection law in India (Tenth Schedule) prescribe any time-frame within which the presiding officer (Speaker/Chairperson) must decide a defection case?
- Explicitly states the rule for nominated members with the six-month time limit.
- Directly ties disqualification to joining a political party within six months of nomination.
- Confirms that nominated representatives are covered by the anti-defection law.
- Supports that the law penalizes nominated members for changing party affiliation after election/nomination.
Explicitly states that a nominated member becomes disqualified if he/she joins any political party after the expiry of six months, and may join within six months without disqualification.
A student could combine this rule with the Tenth Schedule being the anti-defection law to infer the law's practical timing restriction for nominated members.
Lists the four grounds of disqualification under defection law, including that a nominated member joining a party after six months incurs disqualification.
Use this enumerated rule to test the statement by checking whether the six-month allowance implies no restriction within the first six months.
Duplicate statement of the disqualification grounds confirming that nominated members joining a party after expiry of six months are disqualified.
Treat as corroborating rule-based evidence to strengthen the inference about the six-month window for nominated legislators.
Identifies the Tenth Schedule as the anti-defection law that governs disqualification for defections.
Connect the procedural rule in snippets (1,2,6) to the constitutional source (Tenth Schedule) to judge whether the described six-month provision is part of that law.
Contains a test-question phrasing that explicitly cites the six-month claim about nominated legislators in the context of the anti-defection law.
Use this as an example of how the six-month clause is presented in study material and cross-check it against the Tenth Schedule or authoritative commentary.
- Directly states that the Tenth Schedule has no timeline for decisions by the presiding officer.
- Explicitly says the Anti-Defection Law is silent on the maximum time to decide questions of disqualification.
- Explains the role of the presiding officer as a tribunal under the Tenth Schedule, indicating decisions are judicial in nature.
- Supports the context that such decisions (by the presiding officer) are subject to judicial review, underscoring importance of the officer's decision point (though not prescribing a timeline).
This snippet explicitly states that 'The law does not provide any time frame within which the presiding officer has to decide a defection case' — an example claim about the Tenth Schedule's silence on timing.
A student could verify by reading the Tenth Schedule text or comparing to House Rules to confirm absence of a statutory deadline.
States that the question of disqualification under the Tenth Schedule is decided by the Speaker/Chairman and that such decisions are subject to judicial review (Kihoto Hollohan case reference).
One could use this to reason that if no timetable exists in the Schedule, aggrieved parties may seek judicial review to challenge delay — so checking case law/time-to-decision statistics would test the claim.
Repeats that the Speaker/Chairman decides defection questions and notes Supreme Court reviewability, reinforcing the institutional role and availability of judicial oversight when the presiding officer acts (or delays).
A student could examine reported judgments where courts addressed alleged inordinate delay to infer whether lack of timetable in the Schedule has practical consequences.
Specifies the circumstances attracting disqualification and again identifies the Speaker/Chair as the deciding authority — showing the Tenth Schedule vests discretion in presiding officers.
From this, a student might check legislative procedures (Rules of Lok Sabha/Rajya Sabha or state assemblies) to see if those Rules impose any internal timelines absent in the Schedule.
Explains the purpose and intent of the Tenth Schedule (to curb defections), which highlights why procedural clarity (like timelines) would be significant for its effectiveness.
A student could use this policy aim to justify investigating whether the drafters omitted timing deliberately or whether subsequent reforms/court orders have imposed de facto deadlines.
- [THE VERDICT]: Sitter. Directly solvable from Laxmikanth (Chapter 23/85). Statement 1 is a reversed fact; Statement 2 is a standard criticism found in the 'Evaluation' section.
- [THE CONCEPTUAL TRIGGER]: The Tenth Schedule (Anti-Defection Law) and the discretionary powers of the Speaker.
- [THE HORIZONTAL EXPANSION]: Memorize the 'Timeline Trinity': 1) Independent members = 0 days (cannot join any party); 2) Nominated members = 6 months grace period (can join within, disqualified after); 3) Whip violation = 15 days for party condonation. Also, remember the 'Merger' exception requires 2/3rds strength (91st Amendment).
- [THE STRATEGIC METACOGNITION]: When reading constitutional provisions, specifically hunt for 'Silences'. If the Constitution/Law does not specify a time limit (like for the President's assent or Speaker's decision), that 'silence' is a favorite UPSC trap.
The Tenth Schedule treats nominated members specially by linking disqualification to joining a party after six months of taking their seat.
High-yield for questions on exceptions in the anti‑defection law; clarifies that nominated members have a limited window (six months) affecting their liability for disqualification. Connects to comparative questions on member status, party affiliation rules, and parliamentary membership conditions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > III Disqualification > p. 597
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 227
The law lists specific acts (voluntary resignation from party, voting/abstaining against party, independents joining a party, nominated members joining after six months) that attract disqualification.
Essential for answering MCQs and mains questions on anti‑defection; enables quick elimination of wrong options and structured answers on when disqualification arises and distinctions between member types.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 227
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > III Disqualification > p. 597
Determination of disqualification under the Tenth Schedule is made by the Speaker/Chairman and is subject to judicial review.
Important for polity questions on institutional roles and checks and balances; useful for essays and answers linking parliamentary procedure with judicial oversight and remedies.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 227
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
The Speaker (for assemblies/Lok Sabha) and Chairman (for councils/Rajya Sabha) are the authorities who decide disqualification under the Tenth Schedule.
High-yield: UPSC often asks which constitutional office has the power to decide disqualifications; this connects to parliamentary procedural powers and constitutional remedies. Mastering this helps answer questions on legislative procedure, checks and balances, and institutional roles.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 227
Decisions of the Speaker/Chairman on disqualification under the Tenth Schedule are subject to judicial review.
High-yield: Understanding the limits on internal parliamentary adjudication is crucial for questions on separation of powers and constitutional remedies. This concept links constitutional law (judicial review) with parliamentary procedure and past landmark cases.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > til Disqualifications > p. 338
Disqualification arises from voluntarily giving up party membership, voting/abstaining against party direction, independent/nominated member rules.
High-yield: Knowing the specific grounds is essential for factual and analytical questions on party system, representation, and legislative behaviour. It enables candidates to analyze scenarios of defection and implications for government stability.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 227
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 227
The '15-Day Condonation Rule'. A member is disqualified for voting against the party whip ONLY if the party does not condone the act within 15 days. UPSC will likely swap '15 days' with '30 days' or 'prior permission' in a future question.
Apply 'News-Based Logic' to Statement 2. If the law *did* provide a strict time-frame, would we constantly see news about Speakers sitting on disqualification petitions for years (e.g., in Manipur or Maharashtra)? The very existence of these political controversies proves the law has no deadline.
Mains GS-2 (Parliamentary Functioning): The 'no time-frame' issue (Statement 2) is the core argument for the Supreme Court's suggestion in the *Keisham Meghachandra Singh* case (2020) to strip Speakers of this power and create an independent tribunal.