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

Correct Option (b)

Statement 2 is correct.

• The anti-defection law, enshrined in the Tenth Schedule of the Constitution, does not stipulate any specific time limit within which the Presiding Officer (Speaker in the Lok Sabha or Legislative Assembly, and Chairman in the Rajya Sabha or Legislative Council) must decide on a disqualification petition.
• This absence of a defined timeframe has been a point of concern, often leading to prolonged delays in the adjudication of defection cases.

Incorrect Options

Statement 1 is incorrect.

• Paragraph 4 of the Tenth Schedule explicitly states that a nominated member of a House shall not be disqualified if they join any political party after the expiry of six months from the date on which they take their seat. This implies that a nominated member is allowed to join a political party within the initial six-month period without facing disqualification.
• The statement in the question reverses this provision, incorrectly asserting that a nominated legislator cannot join a political party within six months.