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?
Contents18
- AI only
- BII only
- CBoth I and II
- DNeither I nor II
Show answer
Answer: (D) Neither I nor II
(I) 'President decides 10th Schedule disqualification based on Council of Ministers' opinion' — INCORRECT.
Under the Tenth Schedule (anti-defection law), the power to decide on disqualification rests with the presiding officer — the Speaker of the Lok Sabha for its members, and the Chairman of the Rajya Sabha for its members.
The President has NO role in deciding anti-defection cases.
The Supreme Court, in Kihoto Hollohan v. Zachillhu (1992), upheld the Speaker's authority while making the Speaker's decision subject to judicial review. ✗
(II) 'No mention of political party in the Constitution' — INCORRECT.
The Constitution of India does mention 'political party.'
The term appears explicitly in the Tenth Schedule (added by the 52nd Amendment Act, 1985), which deals with defection.
Paragraph 2 of the Tenth Schedule specifically uses the term 'political party' when describing grounds for disqualification.
Article 102(2) and Article 191(2) also reference the Tenth Schedule. ✗
Both statements are incorrect. Answer is (d).
The Tenth Schedule gives the Speaker of Lok Sabha and Chairman of Rajya Sabha the power to decide anti-defection cases, not the President or Council of Ministers.
The term 'political party' appears explicitly in the Tenth Schedule, which was added by the 52nd Amendment in 1985 to address defection issues.
UPSC is testing whether students know the exact constitutional authorities and terminology, particularly common misconceptions about who decides disqualification cases.
Tenth Schedule Anti-Defection Law
Indian Polity 10th Schedule disqualification political party
Tenth Schedule: Anti-Defection Law & UPSC Traps
Added by 52nd Amendment Act, 1985 to prevent party-hopping by legislators
Speaker of Lok Sabha and Chairman of Rajya Sabha decide disqualification cases
Constitution explicitly mentions 'political party' in Tenth Schedule
President has no role in anti-defection decisions
What is Anti-Defection Law
The Tenth Schedule prevents elected members from switching parties after elections. Added in 1985, it aims to provide stability to governments and reduce political opportunism.
Grounds for Disqualification
Ground | Description | Exception |
|---|---|---|
Voluntary giving up party membership | Member resigns from party or acts against party | No exception |
Voting against party whip | Member votes contrary to party direction | Prior permission from party saves member |
Nominated member joins party | Independent nominated member joins any party | Can join within 6 months of taking seat |
Split in original party | When party splits into factions | No disqualification if 1/3rd members split |
Decision-Making Authority
House | Deciding Authority | Subject to |
|---|---|---|
Lok Sabha | Speaker | Judicial review only |
Rajya Sabha | Chairman | Judicial review only |
State Assembly | Speaker | Judicial review only |
State Council | Chairman | Judicial review only |
Key Constitutional Provisions
Article 102(2) and Article 191(2) reference Tenth Schedule for disqualification
Paragraph 2 of Tenth Schedule explicitly uses term 'political party'
Kihoto Hollohan v. Zachillhu (1992): Supreme Court upheld Speaker's authority but made it subject to judicial review
No time limit specified for Speaker to decide disqualification cases
Question Analysis
This question tests two common misconceptions: that the President decides anti-defection cases (he doesn't - it's the Speaker/Chairman), and that 'political party' doesn't appear in the Constitution (it does - in the Tenth Schedule).
Trap: Confusing President's role with Speaker's role in disqualification decisions
Trap: Assuming 'political party' absent from Constitution - it appears in Tenth Schedule
Trap: Mixing up anti-defection (Tenth Schedule) with other disqualification grounds
Trap: Forgetting 52nd Amendment Act, 1985 added anti-defection law
Presiding Officers Powers in Parliament
Indian Polity Speaker Chairman President
Speaker & Chairman: Powers in Disqualification Cases
Speaker of Lok Sabha decides member disqualification under anti-defection law
Chairman of Rajya Sabha has similar powers for Rajya Sabha members
President has no role in parliamentary disqualification decisions
Decisions subject to judicial review only, not executive review
Disqualification Powers Comparison
Authority | Decides For | Under Which Provision | Review Mechanism |
|---|---|---|---|
Speaker | Lok Sabha members | Tenth Schedule | Judicial review only |
Chairman | Rajya Sabha members | Tenth Schedule | Judicial review only |
President | MPs (other grounds) | Articles 102, 103 | Election Commission advice |
Governor | MLAs (other grounds) | Articles 191, 192 | Election Commission advice |
Why Speaker Decides Anti-Defection
Parliamentary autonomy: Internal party discipline matters handled by legislature itself
Quick decision-making: Speaker understands party dynamics and parliamentary procedures
Separation of powers: Executive (President/Council of Ministers) kept out of legislative matters
Constitutional design: Tenth Schedule specifically vests this power in presiding officers
Anti-Defection Decision Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Complaint Filed**
Any person can file complaint about member's defection`"]
s2["`**Speaker Examines**
Speaker examines facts, may hear member's explanation`"]
s3["`**Decision Taken**
Speaker decides whether disqualification grounds exist`"]
s4["`**Member Disqualified**
If yes, member loses seat immediately`"]
s5["`**Judicial Review**
Decision can be challenged only in courts, not executive`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Trap: Thinking President decides all MP disqualifications - only non-defection cases
Trap: Confusing Council of Ministers' role with Speaker's independent decision
Trap: Assuming Governor decides MLA defection cases - it's the Assembly Speaker
Political Party in Constitution
Indian Polity political party Constitution
Constitutional Recognition of Political Parties
Term 'political party' explicitly appears in Constitution
Found in Tenth Schedule (Paragraph 2) added by 52nd Amendment
Also referenced in Articles 102(2) and 191(2)
Where Political Party Appears
The Constitution explicitly uses 'political party' in the Tenth Schedule. Before the 52nd Amendment (1985), the Constitution didn't directly mention political parties, but the anti-defection law changed this.
Constitutional Mentions of Political Party
Provision | Context | Specific Reference |
|---|---|---|
Tenth Schedule, Para 2(1)(a) | Disqualification grounds | 'voluntarily gives up membership of political party' |
Tenth Schedule, Para 2(1)(b) | Voting against party | votes contrary to political party direction |
Tenth Schedule, Para 4 | Nominated members | joins any political party |
Article 102(2) | Lok Sabha disqualification | References Tenth Schedule provisions |
Article 191(2) | Assembly disqualification | References Tenth Schedule provisions |
Evolution of Party Recognition
Pre-1985: Constitution worked through parties but didn't name them directly
52nd Amendment: Explicitly recognized political parties for anti-defection purposes
Current status: Parties are integral to constitutional framework through Tenth Schedule
Legal recognition: Election Commission separately recognizes parties under Representation of People Act
Trap: Assuming Constitution never mentions 'political party' - appears in Tenth Schedule
Trap: Confusing legal recognition by EC with constitutional mention
Trap: Thinking only indirect references exist - Tenth Schedule uses exact term
Parliamentary Disqualification Grounds
Indian Polity disqualification Member of the House of the People
Complete Guide to Parliamentary Disqualification
Article 102 lists disqualification grounds for Lok Sabha members
President decides most disqualifications on Election Commission advice
Speaker decides only anti-defection cases under Tenth Schedule
Article 103 empowers President to decide questions of disqualification
Disqualification Grounds Structure
# Parliamentary Disqualification
## Constitutional (Art 102)
- Government office
- Mental unsoundness
- Undischarged insolvent
- Foreign citizenship
## Legal (RPA 1951)
- Corrupt practices
- Election offences
- Government contracts
- Criminal convictions
## Anti-Defection (10th Schedule)
- Party switching
- Defying whip
- Joining party (nominated)Decision-Making Authority by Type
Disqualification Type | Deciding Authority | Consultation Required | Review Process |
|---|---|---|---|
Constitutional grounds | President | Election Commission | Supreme Court |
Legal grounds | President | Election Commission | High Court/Supreme Court |
Anti-defection | Speaker/Chairman | None (independent) | Judicial review only |
Voluntary resignation | Speaker/Chairman | None | No review needed |
Key Constitutional Articles
Article 102: Lists basic disqualification grounds for Parliament members
Article 103: Empowers President to decide disqualification questions (except defection)
Article 191-192: Similar provisions for state legislature members
Representation of People Act, 1951: Additional legal disqualification grounds
Trap: Assuming President decides all disqualifications - anti-defection is Speaker's domain
Trap: Mixing up Article 102 (grounds) with Article 103 (decision authority)
Trap: Forgetting Election Commission's advisory role in most Presidential decisions