Q16.
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?
Answer
B
Explanation
Statement 1 is incorrect: A nominated member becomes disqualified if he joins any political party AFTER the expiry of six months from the date he takes his seat. This means he MAY join a political party WITHIN six months without inviting disqualification. Statement 2 is correct: The Anti-Defection Law does not specify a time period for the Presiding Officer to decide on a disqualification plea. Courts can intervene only after the Presiding Officer has decided on the matter.