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Q86 (IAS/2022) Polity & Governance › Parliament › Anti-defection law Official Key

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?

Result
Your answer:  ·  Correct: B
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.

How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
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PROVENANCE & STUDY PATTERN
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator canno…
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 · 10/10

A 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).

How this question is built

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

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.

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.

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"Another lacuna associated with the decision-making power of the presiding officer under the Tenth Schedule is the absence of a timeline to take decisions. The Anti-Defection Law is silent on the maximum time within which a decision must be taken on questions of disqualification."
Why this source?
  • 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.
Web source
Presence: 3/5
"While functioning under the Tenth Schedule, the presiding officer acts as a tribunal and exercises judicial power. Decisions taken in such capacity are subject to judicial review. However, while judicial review is permissible, it should not cover any stage prior to the presiding officer taking a decision on the question of disqualification."
Why this source?
  • 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).

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2022 TEST PAPER > p. 763
Strength: 5/5
“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) I only • (b) 2 only • (e) Both I and 2 • (d) Neither I nor 2 7. Consider the following statements: • 1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India. • 2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.”
Why relevant

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.

How to extend

A student could verify by reading the Tenth Schedule text or comparing to House Rules to confirm absence of a statutory deadline.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
Strength: 5/5
“However, he/ she should obtain the opinion of the Election Commission and act accordingly. Disqualification on Ground of Defection The Constitution also lays down that a person shall be disqualified for being a member of either House of state legislature if he/ she is so disqualified on the ground of defection under the provisions of the Tenth Schedule. The question of disqualification under the Thnth Schedule is decided by the Chairma n, in the case of legislative council and, Speaker, in the case of legislative assembly (and not by the governor). In Kilo Hololum case 6 (1992), the supreme court ruled that the decision of Chairman/Speaker in this regard is subject to judicial review.”
Why relevant

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).

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > til Disqualifications > p. 338
Strength: 4/5
“However, he/ she should obtain the opinion of the Election Commission and act accordingly. Disqualification on Ground of Defection The Constitution also lays down that a person shall be disqualified for being a member of either House of state legislature if he/ she is so disqualified o n the grou nd of defection under the provisions of the Tenth Sched ule. The question of disqualification under the Thnth Schedul e is decided by the Cha irma n, in the case of legislative council and, Speaker, in the case of legislative assembly (and not by the governor). In Ki/lOto Hol/olum case 6 (1992), the Supreme Court ruled that the decision of Chair man/ Speaker in this regard is subject to judicial review.”
Why relevant

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).

How to extend

A student could examine reported judgments where courts addressed alleged inordinate delay to infer whether lack of timetable in the Schedule has practical consequences.

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

Specifies the circumstances attracting disqualification and again identifies the Speaker/Chair as the deciding authority — showing the Tenth Schedule vests discretion in presiding officers.

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > EVALUATION OF THE ACT > p. 598
Strength: 3/5
“~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

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.

How to extend

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.

Pattern takeaway: UPSC targets the 'grey areas' of laws—specifically the exceptions (Nominated vs Independent) and the procedural gaps (Timeframes). Do not just memorize the rules; memorize the *absence* of rules where applicable.
How you should have studied
  1. [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.
  2. [THE CONCEPTUAL TRIGGER]: The Tenth Schedule (Anti-Defection Law) and the discretionary powers of the Speaker.
  3. [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).
  4. [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.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Nominated members and the six‑month rule
💡 The insight

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.

📚 Reading List :
  • 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
🔗 Anchor: "Does the anti-defection law in India (Tenth Schedule of the Constitution) specif..."
📌 Adjacent topic to master
S1
👉 Enumerated grounds of disqualification under the Tenth Schedule
💡 The insight

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.

📚 Reading List :
  • 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
🔗 Anchor: "Does the anti-defection law in India (Tenth Schedule of the Constitution) specif..."
📌 Adjacent topic to master
S1
👉 Decision authority and judicial review in defection cases
💡 The insight

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.

📚 Reading List :
  • 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
🔗 Anchor: "Does the anti-defection law in India (Tenth Schedule of the Constitution) specif..."
📌 Adjacent topic to master
S2
👉 Presiding officer decides Tenth Schedule disqualification
💡 The insight

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.

📚 Reading List :
  • 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
🔗 Anchor: "Does the anti-defection law in India (Tenth Schedule) prescribe any time-frame w..."
📌 Adjacent topic to master
S2
👉 Judicial review of Speaker/Chairman decisions
💡 The insight

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.

📚 Reading List :
  • 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
🔗 Anchor: "Does the anti-defection law in India (Tenth Schedule) prescribe any time-frame w..."
📌 Adjacent topic to master
S2
👉 Grounds for disqualification under the anti-defection law
💡 The insight

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.

📚 Reading List :
  • 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
🔗 Anchor: "Does the anti-defection law in India (Tenth Schedule) prescribe any time-frame w..."
🌑 The Hidden Trap

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.

⚡ Elimination Cheat Code

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 Connection

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.

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SIMILAR QUESTIONS

CDS-I · 2013 · Q101 Relevance score: 3.17

Consider the following state- ments : 1. The anti-defection law bans an elected member from voting against the explicit mandate of his/her party. 2. The anti-defection provi- sions 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 ?

IAS · 1999 · Q14 Relevance score: 2.37

Consider the following statements about the recent amendments to the Election Law by the Representation of the People (Amendment) Act, 1996 : I. Any conviction for the offence of insulting the Indian National flag or the Constitution of India shall entail disqualification for contesting elections to Parliament and State Legislatures for six years from the date of conviction. II. There is an increase in the security deposit which a candidate has to make to contest the election to the Lok Sabha. III. A candidate cannot now stand for election from more than one Parliamentary constituency. IV. No election will now be countermanded on the death of a contesting candidate. Which of the above statements are correct ?

IAS · 2025 · Q88 Relevance score: 2.16

Consider the following statements : I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President's decision in accordance with the opinion of the Council of Union Ministers shall be final. II. There is no mention of the word 'political party' in the Constitution of India. Which of the statements given above is/are correct?

IAS · 2020 · Q89 Relevance score: 2.00

Consider the following statements : 1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct ?

IAS · 2019 · Q81 Relevance score: 1.74

With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?