Consider the following statements : 1. 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. 2. There is no mention of the word 'political party' in the Constitution of India. Which of the statements given above is/are correct?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer
Explanation
Option (d) is correct because disqualification under the 10th Schedule is decided by the Presiding Officer of the House (Speaker/Chairman) rather than the President, and the term "political party" is explicitly mentioned within the 10th Schedule itself. Statement 2 is the most tempting error because while the term was absent in the original 1950 text, it was formally incorporated into the Constitution via the 52nd Amendment Act, 1985. The core concept tested is the Anti-Defection Law and the distinction between different constitutional procedures for the disqualification of legislators.
ParliamentAnti-Defection Law (10th Schedule)10th ScheduleDisqualificationPresident's decisionCouncil of MinistersPolitical PartyConstitution of IndiaSpeaker