UPSC Prelims 2022 Q16: Anti-Defection Law and Nominated Members
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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (b) 2 only
Statement-wise explanation
- 1: incorrect — The statement gets the rule backwards. Under Paragraph 2(3) of the Tenth Schedule, a nominated member is disqualified only if they join a political party after six months from the date they take their seat. Joining a party within those first six months is allowed and carries no penalty. The law gives a window to join a party; it does not forbid joining during it.
- 2: correct — The Tenth Schedule makes the Speaker or Chairman the deciding authority under Paragraph 6, but it sets no deadline for the decision. Because of this gap, petitions have sometimes stayed pending for years. In Keisham Meghachandra Singh v. Speaker, Manipur (January 2020), the Supreme Court said such petitions should be decided within a reasonable period, ordinarily three months. That limit comes from the court, not from the law itself.
How to eliminate
This question cannot be solved by option logic alone. It needs two facts. First, Paragraph 2(3) bars a nominated member from joining a party only after six months, so the six months are a window to join, not a ban. Second, the Tenth Schedule sets no deadline for the presiding officer. For Statement 2, current affairs gives a strong clue: in 2020–22 the news often reported Speakers sitting on disqualification petitions and courts asking them to decide. If the Constitution already set a deadline, courts would not need to press for one. For Statement 1, ask what the six months are for. A rule that stops a nominated member from joining a party for six months and then allows it serves no purpose. The real rule lets an unattached nominee choose a party early and then locks that choice. Remember: 'within six months = allowed; after six months = disqualified'.
Know more
The Tenth Schedule (anti-defection law) was added by the 52nd Amendment, 1985. It disqualifies legislators who change sides after election. It treats three kinds of members differently:
| Member | Disqualified if… |
|---|---|
| Elected on a party ticket | voluntarily gives up party membership, or votes/abstains against the party whip without permission (unless the party condones it within 15 days) |
| Independent | joins any political party after election |
| Nominated | joins a political party after six months from taking the seat |
Who decides: the Speaker or Chairman (Paragraph 6). Paragraph 7 tried to bar courts altogether. In Kihoto Hollohan (1992), the Supreme Court struck down Paragraph 7 and held that the presiding officer's decision is open to judicial review.
Time limit: the Schedule sets none. In Keisham Meghachandra Singh (2020), the Supreme Court said three months should ordinarily be the outer limit. It also suggested that Parliament consider giving the job to an independent tribunal.
Exceptions:
- Merger (Paragraph 4): no disqualification if at least two-thirds of the legislature party agree to merge with another party.
- Split: the old exception for a one-third 'split' (Paragraph 3) was deleted by the 91st Amendment, 2003. The same amendment capped the size of the Council of Ministers at 15% of the strength of the Lok Sabha or Assembly.
- Presiding officers (Paragraph 5): a Speaker or Chairman may leave their party on election to the post and rejoin it after leaving office.
Nominated members today: 12 in the Rajya Sabha under Article 80(3). The Anglo-Indian seats in the Lok Sabha lapsed in 2020 under the 104th Amendment.
In the news
In March 2021, nominated Rajya Sabha member Swapan Dasgupta resigned after a disqualification demand. He had been fielded by a party in the West Bengal election years after his six-month window closed. Around the same time, courts were pushing Speakers to decide long-pending defection petitions, notably in the Supreme Court's 2020 Manipur ruling that set a three-month benchmark.
NCERT Concepts to Revise
- Anti-defection law: Both statements test what the Tenth Schedule actually provides and what it leaves out.
- Independent and nominated members under anti-defection law: Statement 1 turns on the special timing rule the Tenth Schedule applies to nominated members.
- Nominated members of the Rajya Sabha: Rajya Sabha nominees under Article 80(3) are the main nominated legislators the six-month rule applies to today.