UPSC Prelims 2022 · GS Paper I
Question 16: Polity and Governance
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 ?
AnswerUPSC’s answer is (b).
Under the Tenth Schedule, a nominated member who is not yet in a party may join one within six months of taking his seat without disqualification; joining after that period disqualifies him. Statement 1 reverses this. The Schedule fixes no time limit for the presiding officer to decide a defection petition, which is why delay is a recurring complaint; the Supreme Court has only suggested a reasonable period of about three months.
- 1. A nominated member may join a party within six months; joining later leads to disqualification.
- 2. The Tenth Schedule prescribes no time-frame for the presiding officer's decision.
How you could have got this
- If you were sure statement 1 is not correct, (a) and (c) go: each of them includes 1.
What you needed to know: A nominated member may join a party within six months; joining later leads to disqualification.
- Then, if you were sure statement 2 is correct, (d) goes: it leaves 2 out.
What you needed to know: The Tenth Schedule prescribes no time-frame for the presiding officer's decision.
Only (b) is left. This one needs every statement.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) Wrong. Statement 1 gets the six-month rule backwards.
- (b) Correct. The law sets no deadline for the presiding officer.
- (c) Wrong. Statement 1 is false.
- (d) Wrong. Statement 2 is true.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2022, General Studies Paper I, Series A. The paper on upsc.gov.in.