Q. Which of the statements about anti-defection law given below is correct? Answer:
A nominated legislator joins a party after 6 months will be disqualified
Notes:
The anti-defection law came through the 52nd Amendment to the Constitution.
When legislators elected on the ticket of one political party give up membership of the party voluntarily or vote against the party’s whip in the legislature.
A MP or an MLA who has been elected as an independent can merge with a party later.
When nominated legislators join a political party. However, the law states that it can be done only within six months of being appointed to the House.
The presiding officers of the legislatures, which can be the Speaker or chairman, are the deciding authorities in such cases. However, legislators can challenge the decisions before the higher judiciary.
The law does not provide the time frame within which the legislator should be disqualified by the presiding officer.