Consider the following statements :
- I.If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President's decision in accordance with the opinion of the Council of Union Ministers shall be final.
- II.There is no mention of the word 'political party' in the Constitution of India.
Which of the statements given above is/are correct?
Show answer
Answer: D. Statement I is wrong: under Paragraph 6 of the Tenth Schedule, the Speaker (or Chairman) of the House decides questions of disqualification for defection, not the President. Statement II is wrong: the term 'political party' appears in the Tenth Schedule, added by the 52nd Amendment, 1985. So neither is correct.
Watch for: Disqualification under Article 102(1) goes to the President (on EC opinion), but defection under the Tenth Schedule goes to the Speaker.
Why the other options are wrong
- A. Statement I is wrong: the Speaker, not the President, decides under the Tenth Schedule.
- B. Statement II is wrong: the Tenth Schedule uses 'political party'.
- C. Both statements are wrong.
Source to check: Constitution of India, Articles 102 and 103, Tenth Schedule (Paragraph 6).
Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.