Q. 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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (b) 2 only
Anti-Defection Law:
- Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent.
- Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India. Anti-defection laws aim to prevent or discourage defection by imposing penalties on politicians who switch parties or otherwise violate party discipline.
- These laws may be designed to ensure that politicians are held accountable to the voters who elected them and to maintain the stability and cohesion of political parties.
- In some countries, anti-defection laws allow political parties to expel members who defect, while in others, they may disqualify defectors from holding public office or impose other penalties.
- As per the Anti-defection Law, a nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. Thus, she/he can join a political party before the expiration of 6 months after becoming a member.
- Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. The law does not provide a time-frame within which the presiding officer has to decide a defection case.