Consider the following statements I. If any question arises as to whether a Member of the House of the People has become subject…

Indian Polity ·Previously asked in UPSC Civil Services Examination 2025

View the full solved paper: GS Paper I

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?

  1. A. I only
  2. B. II only
  3. C. Both I and II
  4. D. Neither I nor II (Correct answer)

Correct Answer

Option D — Neither I nor II

Detailed Solution & Explanation

The correct answer is Neither I nor II.

Key Points

  • Under the Tenth Schedule (Anti-Defection Law), questions of disqualification are decided by the Speaker of the Lok Sabha (or Chairman of Rajya Sabha) — NOT by the President based on the Council of Ministers' opinion — Statement I is incorrect.
  • The Constitution does mention "political party" — the Tenth Schedule (added by 52nd Amendment, 1985) explicitly refers to political parties — Statement II is also incorrect.
  • Neither statement is correct.