Question 13 from UPSC CSE 2025 - Current Affairs (Polity & Governanc e)

Question

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?

Accepted Answer

Correct Option: D. Neither I nor II

Strategy: Statement I must be checked against the anti-defection (Tenth Schedule) provisions. Authority for deciding disqualification under this schedule is the Speaker, not the President, so the statement is incorrect. For statement II, recall that although the original Constitution did not mention 'political party', the 1985 amendment introducing the Tenth Schedule added the term several times. Thus, both statements are incorrect.

Key Info: The Tenth Schedule, added by the Constitution (Fifty-second Amendment) Act, 1985, is known as the Anti-Defection Law and contains provisions regarding disqualification of MPs and MLAs on grounds of defection. Under Paragraph 6(1), the Speaker of the Lok Sabha (or Chairman of the Rajya Sabha) is the sole authority to decide questions of disqualification under the Schedule, and their decision is deemed final, though open to judicial review as per the Supreme Court ruling in Kihoto Hollohan v. Zachillhu (1992). The President's role in disqualification matters occurs under Article 102, and only when the question arises outside the Tenth Schedule, generally after consultation with the Election Commission. The term 'political party' was not mentioned in the original 1950 Constitution; it was incorporated through the Fifty-second Amendment via the Tenth Schedule, where it is extensively used (e.g., in definitions of defection and party affiliation). The Tenth Schedule applies to both Parliament and State Legislatures. The Anti-Defection Law was intended to curb political defections and stabilize elected governments.

Answer

Option A: I only

Answer

Option B: II only

Answer

Option C: Both I and II