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?
A
I only
B
II only
C
Both I and II
D
Neither I nor II
Correct Answer
Explanation
Option (D) is correct because under the 10th Schedule, the decision on disqualification is made by the Presiding Officer (Speaker/Chairman) of the House rather than the President, and the term 'political party' is explicitly mentioned in the Constitution within that same Schedule (added by the 52nd Amendment, 1985). Statement II is a common trap because while the term was absent in the original 1950 text, it is now a formal part of the constitutional framework. The core concept being tested is the Anti-Defection Law and the specific jurisdictional powers of the Presiding Officers versus the President.
ParliamentAnti-Defection Law10th ScheduleDisqualification of MembersAnti-Defection LawPolitical PartyPresiding Officer