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
Correct answer: (b) 2 only
Statement 1 is incorrect: Under Paragraph 2(3) of the Tenth Schedule, a nominated member is disqualified only if they join a party after six months of taking their seat — meaning the law actually permits them to join any party freely within the first six months, the opposite of what the statement claims.
Statement 2 is correct: The Tenth Schedule sets no fixed time limit within which the Speaker/Chairman must decide a disqualification petition — a long-standing gap in the anti-defection law.