📘 Q.6 IAS Prelims 2022 — Polity & Governance: Anti-Defection Law

With reference to anti-defection law in India, consider the following statements:

The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
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) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

✅ Correct Answer: (b)

🔎 Curiosity Raiser (UPSC trap)

UPSC often tests fine print of the Tenth Schedule, not the broad philosophy.
A single word like “cannot” can flip the answer.

Tenth Schedule — Anti-Defection provisions for nominated members and role of Presiding Officer

Under the Tenth Schedule, a nominated member:
- may join any political party within six months of taking his/her seat without disqualification.
- Disqualification arises only if the nominated member joins a political party after six months.
The statement incorrectly says “cannot join within six months”.

👉 Statement 1 is incorrect.

The Anti-Defection Law does not prescribe any time-limit for the Presiding Officer to decide a defection petition.
Courts generally intervene only after the Presiding Officer gives a decision.

👉 Statement 2 is correct.

📌 Prelims Recall Line
Nominated members get six months’ freedom; Speakers get unlimited time.

Defection is judged by rules,
but delay survives by silence.