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Option 2 : 2 only
The correct answer is 2 only.
Anti-defection law:-
- The Tenth Schedule contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection.
- 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. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. Hence statement 1 is incorrect.
- Any question regarding disqualification arising out of defection is
to be decided by the presiding officer of the House. - According to the law, the Presiding Officers have no time limit in which to deliberate on a plea for disqualification. The courts can also only intervene after the officer has made a decision, therefore the petitioner's only choice is to wait until the officer has reached a decision.
- Hence statement 2 is correct.
- The 10th Schedule of the Indian Constitution, also known as the Anti-Defection Law, was inserted by the 52nd Amendment to the Constitution in 1985.
- The anti-defection law was enacted to ensure that party members do not violate the party's mandate and that if they do, they will forfeit their House membership. Both Parliament and state legislatures are subject to the law.
- Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court. However, in Kihoto Hollohan
case(1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the high courts.- It held that the presiding officer while deciding a question under the Tenth Schedule, functions as a tribunal. Hence, his decision like that of any other tribunal is subject to judicial review on the grounds of mala fides, perversity, etc
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