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 ✓ UPSC's answer
Why the answer is (d)
• Statement I is wrong: under paragraph 6 of the Tenth Schedule, a question of disqualification on the ground of defection is decided by the Speaker of the Lok Sabha (or Chairman of the Rajya Sabha), not by the President; the President's role under Article 103 concerns other disqualifications under Article 102(1), on the Election Commission's opinion.
• Statement II is wrong: the Tenth Schedule, inserted by the 52nd Amendment in 1985, uses the term 'political party' throughout, so the phrase does appear in the Constitution.
• The Supreme Court in Kihoto Hollohan (1992) upheld the Speaker's adjudicatory role subject to judicial review.
• Hence neither I nor II, option (d).
Why the other options are wrong
- (a) I only
- Statement I is wrong: the Speaker, not the President, decides Tenth Schedule cases.
- (b) II only
- Statement II is wrong: 'political party' appears in the Tenth Schedule.
- (c) Both I and II
- Both statements are wrong.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2025, held on 25 May 2025. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.