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?
Answer & explanation
Answer: (d) Neither I nor II
Both statements are wrong. Under the Tenth Schedule, questions of defection disqualification are decided by the Speaker or Chairman, not the President. And the Constitution does use the words 'political party', in the Tenth Schedule and in Article 361B.
- ✗ I Paragraph 6 of the Tenth Schedule sends a defection question to the Speaker (or Chairman) of the House, whose decision is final. The President decides only disqualifications under Article 102(1), and then acts on the opinion of the Election Commission, not of the Council of Ministers.
- ✗ II The Tenth Schedule, added by the Fifty-second Amendment in 1985, is built on 'political party', and Article 361B also uses the words.
Remember · Defection disqualification (Tenth Schedule) is decided by the Presiding Officer; the President decides Article 102(1) cases on the Election Commission's opinion. 'Political party' is in the Constitution.
Sources
- The Constitution of India (Legislative Department, Government of India), Tenth Schedule, paragraph 6(1) ↗ “the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final … Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion. … A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post”
Question and answer: UPSC's official GS Paper I (2025, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·