Q. Constitution provides with the provisions for nomination of up to 12 members to Rajya Sabha who have special knowledge or practical experience. With respect to the nominated members in Rajya Sabha which of the following statements is/are correct?
1. A nominated member is exempted from filing his assets and liability under Representation of People Act, 1951.
2. He is disqualified on the grounds of defection if he joins a political party within 6 months of his nomination to Rajya Sabha.
3. A retired judge of Supreme Court cannot be nominated by the President to the Rajya Sabha.
Select the correct answer using the code given below:
Exp) Option a is the correct answer
Statement 1 is correct. Under the Representation of People Act 1951, elected member of the legislature has to declare his assets and liabilities within 90 days of getting elected but nominated members are excluded from this provision.
Statement 2 is incorrect. A nominated member is free to join any political party within 6 months of his nomination to Rajya Sabha without having any fear of disqualification. But once the 6-month limit expires, they cannot join any political party or else will be disqualified on the grounds of defection.
Statement 3 is incorrect. Constitution only bars retired judges from practicing in any court in the territory of India. There is no restriction on getting nominated to Rajya Sabha. Recently former CJI Ranjan Gogoi was nominated to the Rajya Sabha.
