Everything you need to know about anti-defection law in India for UPSC

It was an easy question and you should search for these sorts of questions because the UPSC level of questions is increasing and you can not leave them.

With reference to anti-defection law in India, consider the following statements:- UPSC pre 2022

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

(d) Neither 1 nor 2

Solution - B

Why Question asked?

Anti-defection laws are frequently in the news.

Recently, the Calcutta High Court has given West Bengal Assembly Speaker a deadline to pass an order in the defection case.

Everything you need to know about Anti-defection for UPSC

Origin [Story]

Rajiv Gandhi's government proposed a new anti-defection bill in Parliament.

After marathon debates, both the Lok Sabha and Rajya Sabha unanimously approved the bill and through

52nd CAA, 1985

The tenth Schedule was inserted into the constitution.

It contains provisions Wrt the disqualification of members of Parliament

and the state legislatures on the ground of defection:

What are the objectives of the 91st Amendment Act, of 2003?

Objective

1. To limit the size of the Council of Ministers,

Not exceed 15% of the total strength of

the Lok Sabha

[all ministers including PM]

For SCM - 15% rule

+ min. 12

2.To debar defectors from holding public offices,

disqualified on the

ground of defection shall also be

disqualified to hold any remunerative

political post. [धोखेबाज को सजा मिलेगी]

What does Remunerative post means?

[कोई भी सरकारी post नहीं ]

Any office --- Salary from public revenue

3.To strengthen the anti-defection law

split by one-third members---

Exception removed

for more details on 91st CAA, 2003watch this

Let's revise the concept using the question….

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