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 Tenth 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 are correct?
Detailed Explanation:
Both statements are incorrect. Under the Tenth Schedule (Anti-Defection Law), the decision on disqualification of MPs is made by the Speaker of the Lok Sabha (or Chairman in the case of Rajya Sabha), not by the President.
Also, the term "political party" is explicitly mentioned in the Tenth Schedule of the Constitution, which deals with defection and party membership.
Why the statements are wrong:
| Statement | Status | Reason |
|---|---|---|
| I | ❌ Incorrect | Disqualification under the Tenth Schedule is decided by the Speaker/Chairman, not the President. |
| II | ❌ Incorrect | The term "political party" is mentioned in the Tenth Schedule of the Constitution. |
📝 Short Notes: Anti-Defection Law
| Point | Details |
|---|---|
| Added By | 52nd Constitutional Amendment Act, 1985 |
| Constitutional Provision | Tenth Schedule |
| Decision Authority | Speaker (Lok Sabha) / Chairman (Rajya Sabha) |
| Purpose | Prevent political defections |
| Grounds | Voluntarily giving up party membership or violating party whip |
Key Fact:
The Anti-Defection Law was introduced to curb political instability caused by frequent party switching by elected representatives.
Question 1 of 4 Anti-Defection Law
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First question in this topic
With reference to anti-defection law in India, consider the following statements:...