Civil Services Prep

Prelims 2025 · Polity and Constitution · Question 68

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?

  1. I only
  2. II only
  3. Both I and II
  4. Neither I nor II

Answer

Neither I nor II

Statement I: Incorrect. Disqualification under the Tenth Schedule (anti-defection law) is decided by the Speaker/Chairman of the House, not by the President acting on the advice of the Council of Ministers. The President decides questions of disqualification under Article 103, not Tenth Schedule cases.

Statement II: Incorrect. The Constitution does mention 'political party'—for example, in the Tenth Schedule and in provisions relating to elections such as Articles 102/191 explanations. Hence, the word is not absent from the Constitution.

Therefore, neither I nor II is correct.

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