Change set
Pick exam & year, then Go.
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
Guest previewA 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.
Web source
Presence: 5/5
"Nominated members will be disqualified if they join any political party six months after getting nominated."
Why this source?
- 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.
Web source
Presence: 3/5
"The Anti-defection law that penalizes the elected and nominated representative of the Parliament and State legislature for changing their Party affiliation after their elections was enacted to curb the evil of defection..."
Why this source?
- 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 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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > III Disqualification > p. 597
Strength: 5/5
“Independent Members: An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he/ she joins any political party after such election. Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he/she joins any political party after the expiry of six months from the date on which he/she takes his/her seat in the House. This means that he/ she may join any political party within six months of taking his/her seat in the House without inviting this disqualification.”
Why relevant
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.
How to extend
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.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 227
Strength: 5/5
“A member incurs disqualification under the defection law: • 1. if he/she voluntarily gives up the membership of the political party on whose ticket he/she is elected to the House; • 2. if he/she votes or abstains from voting in the House contrary to any direction given by his/ her political party; • 3. if any independently elected member joins any political party; and • 4. if any nominated member joins any political party after the expiry of six months. The question of disqualification under the Thnth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the President of India).”
Why relevant
Lists the four grounds of disqualification under defection law, including that a nominated member joining a party after six months incurs disqualification.
How to extend
Use this enumerated rule to test the statement by checking whether the six-month allowance implies no restriction within the first six months.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 227
Strength: 4/5
“A member incurs disqualification under the defection law: • 1. if he/she voluntarily gives up the membership of the political party on whose ticket he/she is elected to the House; • 2. if he/she votes or abstains from voting in the House contrary to any direction given by his/ her political party; • 3. if any independently elected member joins any political party; and • 4. if any nominated member joins any political party after the expiry of six months. The question of disqualification under the Thnth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the President of India).”
Why relevant
Duplicate statement of the disqualification grounds confirming that nominated members joining a party after expiry of six months are disqualified.
How to extend
Treat as corroborating rule-based evidence to strengthen the inference about the six-month window for nominated legislators.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > EVALUATION OF THE ACT > p. 598
Strength: 4/5
“~EVALUATION OF THE ACT
The Tenth Schedule of the Constitution (which embodies the anti-defection law) is designed to prevent the evil or mischief of political defections motivated by the lure of office or material benefits or other similar considerations. It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections. Rajiv Gandhi, the then Prime Minister, described it as the 'first step towards cleaning-up public life'.”
Why relevant
Identifies the Tenth Schedule as the anti-defection law that governs disqualification for defections.
How to extend
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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2022 TEST PAPER > p. 763
Strength: 3/5
“• 5. Which of the following is/ are the exclusive power(s) of Lok Sabha? • 1. To ratify the declaration of Emergency• 2. To pass a motion of no-confidence against the Council of Ministers 3. 1b impeach the President of India Select the correct answer using the code given below: (a) I and 2 (b) 2 only (c) (e) I and 3 (d) 3 only 6. With reference to a nti·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.”
Why relevant
Contains a test-question phrasing that explicitly cites the six-month claim about nominated legislators in the context of the anti-defection law.
How to extend
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.
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.
This tab shows concrete study steps: what to underline in books, how to map current affairs, and how to prepare for similar questions.
Login with Google to unlock study guidance.
Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.
Login with Google to unlock micro-concepts.
Access hidden traps, elimination shortcuts, and Mains connections that give you an edge on every question.
Login with Google to unlock The Vault.
SIMILAR QUESTIONS
Consider the following statements:
- The anti-defection law bans an elected member from voting against the explicit mandate of his/her party.
- The anti-defection provisions do not apply if one-third of the members of a party disobey the mandate of the party and constitute themselves as a separate party.
Which of the statements given above is/are correct?