Q. 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?
Exp) Option d is the correct answer.
The Tenth Schedule of the Constitution, also known as the Anti-Defection Law, was added by the 52nd Amendment in 1985. It lays down the grounds for disqualification of MPs and MLAs on the basis of defection.
Statement I is incorrect. The Tenth Schedule clearly states that in case of any question on disqualification under it, the decision is to be made by the Speaker or the Chairman of the House, not the President. This is clearly provided under the Tenth Schedule. The President has no role in disqualification under the anti-defection law, unlike disqualification under Articles 102 and 191 which are decided by the President/Governor after consulting the Election Commission.
Statement II is incorrect. The term “political party” is mentioned in the Constitution. It appears in the Tenth Schedule which refers to the role of political parties in determining defection. For example, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
Source:
Mastering Indian Polity-10th Edition- Forum IAS
Discover more from Free UPSC IAS Preparation Syllabus and Materials For Aspirants
Subscribe to get the latest posts sent to your email.
