UPSC Previous Year Question | Prelims GS | 2025

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, then the decision of the President, in accordance with the advice of the Council of 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. Only I
  2. Only II
  3. I and II both
  4. Neither I nor II

Answer

Correct Answer

Neither I nor II

Explanation

Under the Tenth Schedule (Anti-Defection Law), the decision on disqualification of a Member of the House of the People is taken by the Speaker of the House (not the President based on Council of Ministers' advice), making Statement I incorrect. The term 'political party' does appear in the Constitution, notably in the Tenth Schedule itself, making Statement II incorrect as well.

Topics: anti-defection law, polity, tenth schedule