Question map
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?
Explanation
**Statement I is incorrect.** If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.[1] However, disqualification under the 10th Schedule (anti-defection) is decided by the presiding officer (Speaker/Chairman), not the President. Article 103 deals with disqualifications under Article 102(1), which covers different grounds like holding office of profit, unsoundness of mind, etc., not defection-related disqualifications.
**Statement II is also incorrect.** The introduction of the anti-defection law resulted in the introduction of the new word 'Political Party' in the Constitution of India. Thus, political parties got[2] recognition in the Constitution. The Tenth Schedule, added by the 52nd Amendment (1985), specifically uses the term "political party" in its provisions.
Since both statements are incorrect, the answer is **Neither I nor II**.
Sources- [1] https://www.mea.gov.in/Images/pdf1/Part5.pdf
- [2] https://en.wikipedia.org/wiki/Anti-defection_law_(India)
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Authority Swap' trap disguised as a constitutional trivia question. Statement I mixes Article 103 (President + EC) with the Tenth Schedule (Speaker), while Statement II tests your awareness of the text added by amendments (52nd Amendment). It is a highly fair, static Polity question that punishes superficial reading.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Constitution of India (Tenth Schedule), does the President acting in accordance with the opinion of the Council of Ministers have final authority to decide whether a Member of the House of the People (Lok Sabha) has become disqualified under the Tenth Schedule?
- Statement 2: Does the Constitution of India (including its Schedules) contain the word "political party"?
- States that any question as to whether a member of either House of Parliament has become subject to disqualifications is to be referred to the President.
- Explicitly declares that the President's decision on such questions 'shall be final', which bears directly on final authority over disqualification questions.
- Repeats the same constitutional provision: questions about disqualification of members of either House of Parliament are to be decided by the President.
- Again affirms that the President's decision on such questions 'shall be final', confirming the text across sources.
States that questions of disqualification under the Tenth Schedule (for state legislatures) are decided by the Chairman/Speaker (not by the Governor).
A student could extend this pattern to ask whether, by analogy, parliamentary disqualifications are also allocated to a presiding officer (Speaker) rather than to the President.
Reiterates that the Chairperson/Speaker decides Tenth Schedule disqualification and that such decisions are subject to judicial review (Kihoto Hollohan).
Combine this with knowledge that Lok Sabha has a Speaker to infer the institutional route for Tenth Schedule matters in Parliament versus presidential determination.
States the general constitutional rule that the President must exercise executive powers in accordance with the advice of the Council of Ministers (Article 74(1)).
A student could use this general rule to test whether the President would independently adjudicate legislative membership questions or act only on ministerial advice.
Identifies narrowly defined situations in which the President may act in personal discretion (e.g., appointing PM when no clear majority), implying presidential discretionary power is limited.
A student might check whether determination of a member's disqualification fits any of those narrow discretionary categories or lies outside them (suggesting another forum decides).
- Explicitly states that the Tenth Schedule (52nd Amendment) introduced the new word 'Political Party' into the Constitution.
- Directly ties the amendment and schedule to recognition of political parties in the Constitution.
- Text excerpt from a government PDF containing the Tenth Schedule language that repeatedly uses the phrase 'political party'.
- Shows operative wording treating 'political party' and 'new political party' as terms within the Schedule.
- Rajya Sabha (official) explanatory material referring to 'Membership of a political party under the Tenth Schedule to the Constitution'.
- Confirms that the Tenth Schedule to the Constitution deals with and uses the term 'political party'.
This snippet points out a known omission: the Constitution does not use the word 'federation' even though it establishes a federal-like system, showing that some common political terms may be absent from the text.
A student could use this pattern (important political concepts sometimes omitted) to suspect and then directly search the constitutional text or Schedules for presence/absence of 'political party'.
States that 'every party in the country has to register with the Election Commission', indicating political parties are regulated by statute or administrative practice rather than necessarily by the Constitution itself.
A student could check whether registration/recognition rules are found in the Constitution or in election laws (e.g., Representation of the People Act) to infer where 'political party' terminology is more likely to appear.
Lists and classifications of 'national' and 'state' parties in a polity textbook show that 'political party' is a well-defined practical category in Indian governance, suggesting one should look at constitutional provisions that might deal with parties indirectly (e.g., electoral articles) even if the exact phrase is absent.
A student could examine constitutional articles on elections, membership of legislatures, and Schedules specifying states/territories to see if they use 'political party' or only refer to related concepts.
Mentions the number and contents of Articles and Schedules in the Constitution, which provides a practical checklist: if the term appears it must be somewhere among those Articles or Schedules.
A student could use this to limit a targeted search to the current 464 Articles and 12 Schedules (as of the cited date) to verify presence/absence of the phrase 'political party'.
Shows that the Constitution uses precise legal language (e.g., Article 136) and that courts interpret constitutional wording; absence of explicit mention in the Constitution would likely mean regulation of parties is left to law and judicial interpretation.
A student could infer that if 'political party' is not explicitly in constitutional text, litigation and statutes would be the places where courts and lawmakers have defined/treated parties; they can examine case law and statutes cited against the Constitution.
- [THE VERDICT]: Sitter. Standard Polity (Laxmikanth Ch: Parliament & Anti-Defection). Statement I is a direct concept swap; Statement II is a logical deduction from the existence of the 10th Schedule.
- [THE CONCEPTUAL TRIGGER]: Disqualification of MPs. Specifically, the sharp distinction between Article 102(1) (Office of Profit, Unsound Mind -> President + EC) and Article 102(2) (Defection -> Speaker/Chairman).
- [THE HORIZONTAL EXPANSION]: Memorize the 'Constitutional Vocabulary' list: 'Federation' (No), 'Budget' (No), 'Martial Law' (Yes, Art 34, undefined), 'Cabinet' (Yes, Art 352, added by 44th Amd), 'Minority' (Yes, undefined), 'Untouchability' (Yes, undefined). Contrast Authority: Art 103 = President (Final); 10th Sch = Speaker (Subject to Judicial Review).
- [THE STRATEGIC METACOGNITION]: When studying powers, always create a 'Who Decides?' table. Does the President act on the Council of Ministers' advice (Executive) or the Election Commission's opinion (Quasi-judicial)? Does the Speaker decide alone? Is it final?
The Speaker/Chairman is the constitutionally designated authority to decide disqualification under the Tenth Schedule, not the President.
High-yield for polity questions about Tenth Schedule and legislative procedure; helps distinguish roles of presiding officers versus executive authorities and resolves questions on who adjudicates membership disputes in Parliament/state legislatures.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > til Disqualifications > p. 338
Decisions of the Speaker/Chairman under the Tenth Schedule are subject to judicial review as held in Kihoto Hollohan (1992).
Crucial for questions on checks and balances and finality of legislative decisions; links Tenth Schedule practice with Supreme Court oversight and constitutional remedies, enabling candidates to handle issues on justiciability of internal legislative actions.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
The President is generally required to act in accordance with the advice of the Council of Ministers when exercising executive powers.
Essential for distinguishing formal and real executive power; helps answer questions about limits of presidential discretion and whether the President can independently decide matters that normally fall to legislative officers.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
The Constitution can convey concepts without using commonly expected single words (for example, it does not use the word 'federation').
High-yield for UPSC because questions often hinge on literal wording versus conceptual coverage; mastering this helps answer questions asking whether a particular term appears in the Constitution or whether a concept is embodied without that exact term. It connects to interpretation of Articles and comparative constitutional reading.
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM IN THE INDIAN CONSTITUTION > p. 157
Regulation of political parties (for example, registration with the Election Commission) is handled through statutory/administrative mechanisms rather than necessarily by explicit constitutional wording.
Important for UPSC as questions probe where powers and regulatory duties lieโwithin the Constitution or in statutory bodies like the Election Commission; mastering this clarifies overlaps between constitutional law, electoral law and political practice and enables tackling questions on institutional competence and party regulation.
- Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) > Chapter 4: Political Parties > National parties > p. 53
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 78: Political Parties > Conditions for Recognition as a State Party > p. 568
Schedules and subsequent amendment Acts change the text and scope of the Constitution, so checking whether a word appears requires examining Articles together with Schedules and amendments.
Crucial for UPSC because many questions require precise reading of constitutional text including Schedules and amendment history; understanding this aids in addressing queries about whether particular terms are part of the Constitution's current text.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 35: TABLES > THE CONSTITUTION AMENDMENT ACTS > p. 519
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 35: TABLES > Figures rounded up, primarily on the basis in 2011 (provisional) counts) > p. 503
The Constitution mentions 'Cabinet' only once (Article 352), and this was inserted by the 44th Amendment (1978). Before that, the word 'Cabinet' did not exist in the text. Similarly, 'Internal Disturbance' was replaced by 'Armed Rebellion'.
Logic for Statement II: The 10th Schedule is the 'Anti-Defection Law'. Defection happens *from* a party. It is legally impossible to draft a constitutional schedule about defection without writing the words 'political party'. Therefore, the word MUST be in the text.
Mains GS2 (Parliament & State Legislatures): The Speaker's power under the 10th Schedule is often criticized for bias. This links to the 'Kihoto Hollohan' judgment and the Supreme Court's suggestion (Keisham Meghachandra Singh case) to transfer this power to an independent tribunal.