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?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
Correct answer
Explanation
The correct answer is B, 2 only. The Tenth Schedule lets a nominated member join a party within six months, and it sets no deadline for the presiding officer's decision.
The anti-defection law is the Tenth Schedule, added by the 52nd Amendment Act, 1985. Under it a nominated member is disqualified if he or she joins a political party after the expiry of six months from taking the seat; joining within those six months is allowed. Questions of disqualification are decided by the Speaker or Chairman, but the Schedule fixes no time limit, which has led to long delays. In Keisham Meghachandra Singh (2020) the Supreme Court said such petitions should ordinarily be decided within three months, yet the law itself is still silent on time.
A is wrong: statement 1 reverses the rule; the bar applies after six months, not within them.
C is wrong: only statement 2 is correct.
D is wrong: statement 2 correctly says the law gives no time-frame.
Exam tip: Tenth Schedule (52nd Amendment, 1985): nominated member may join a party within 6 months; no deadline for the Speaker.
Practice Questions
View allWith reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation ?
- A.Committee on Government Assurances
- B.Committee on Subordinate Legislation
- C.Rules Committee
- D.Business Advisory Committee
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This committee checks whether the rules, regulations and by-laws made by the executive under delegated powers stay within the limits Parliament set.
Read the full explanation →With reference to Deputy Speaker of Lok Sabha, consider the following statements : 1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.
4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister. Which of the statements given above are correct ?
- A.1 and 3 only
- B.1, 2 and 3
- C.3 and 4 only
- D.2 and 4 only
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The Speaker fixes the date of the Deputy Speaker's election, and a presiding Deputy Speaker has the full powers of the Speaker; statements 2 and 4 describe rules that do not exist.
Read the full explanation →With reference to the writs issued by the Courts in India, consider the following statements :
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show answer
Mandamus reaches anyone who owes a public duty, including government companies, and quo warranto can be sought by any interested person, not only the aggrieved one.
Read the full explanation →Which one of the following is not a function of the Constitution of India ?
- A.To ensure participation of good people in politics
- B.To guarantee a set of rights to citizens
- C.To define the power of the different organs of government
- D.To create conditions for a just society
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A constitution can set rules and limits, but it cannot guarantee that good people will enter politics. A constitution is the basic set of rules by which a country is governed.
Read the full explanation →Which one of the following is not a part of Fundamental Rights ?
- A.Right to education
- B.Right to establish educational institutions by minorities
- C.Right to be conferred with titles
- D.Right against untouchability
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The Constitution does the opposite: Article 18 abolishes titles, so receiving a title is not a Fundamental Right. Article 18 forbids the State from conferring any title other than a military or academic distinction, and bars citizens from accepting a title from a foreign State.
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