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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2025, Q68

Contents18
UPSC Prelims GS2025Indian Polity
  1. AI only
  2. BII only
  3. CBoth I and II
  4. 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).

Why this was asked

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

Must know

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).

Exam traps

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

Must know

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 --> s5
Exam traps

Trap: 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

Must know

Term 'political party' explicitly appears in Constitution

Found in Tenth Schedule (Paragraph 2) added by 52nd Amendment

Good to know

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

Exam traps

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

Must know

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

Good to know

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

Exam traps

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