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Q88 (IAS/2025) Polity & Governance › Parliament › Anti-defection law Answer Verified

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?

Result
Your answer: —  ·  Correct: D
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. [1] https://www.mea.gov.in/Images/pdf1/Part5.pdf
  2. [2] https://en.wikipedia.org/wiki/Anti-defection_law_(India)
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Q. Consider the following statements : I. If any question arises as to whether a Member of the House of the People has become subject to di…
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 · 10/10
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This 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.

How this question is built

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"103. (1) 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."
Why this source?
  • 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.
Web source
Presence: 5/5
"103. (1) 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."
Why this source?
  • 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.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
Strength: 5/5
“However, he/ she should obtain the opinion of the Election Commission and act accordingly. Disqualification on Ground of Defection The Constitution also lays down that a person shall be disqualified for being a member of either House of state legislature if he/ she is so disqualified on the ground of defection under the provisions of the Tenth Schedule. The question of disqualification under the Thnth Schedule is decided by the Chairma n, in the case of legislative council and, Speaker, in the case of legislative assembly (and not by the governor). In Kilo Hololum case 6 (1992), the supreme court ruled that the decision of Chairman/Speaker in this regard is subject to judicial review.”
Why relevant

States that questions of disqualification under the Tenth Schedule (for state legislatures) are decided by the Chairman/Speaker (not by the Governor).

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > til Disqualifications > p. 338
Strength: 5/5
“However, he/ she should obtain the opinion of the Election Commission and act accordingly. Disqualification on Ground of Defection The Constitution also lays down that a person shall be disqualified for being a member of either House of state legislature if he/ she is so disqualified o n the grou nd of defection under the provisions of the Tenth Sched ule. The question of disqualification under the Thnth Schedul e is decided by the Cha irma n, in the case of legislative council and, Speaker, in the case of legislative assembly (and not by the governor). In Ki/lOto Hol/olum case 6 (1992), the Supreme Court ruled that the decision of Chair man/ Speaker in this regard is subject to judicial review.”
Why relevant

Reiterates that the Chairperson/Speaker decides Tenth Schedule disqualification and that such decisions are subject to judicial review (Kihoto Hollohan).

How to extend

Combine this with knowledge that Lok Sabha has a Speaker to infer the institutional route for Tenth Schedule matters in Parliament versus presidential determination.

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
Strength: 4/5
“Before we take up an analysis of the different powers of Constitutional the Indian President, we should note the constitutional limitations on President's powers. limitations under which he is to exercise his executive powers. Firstly, he must exercise these powers according to the Constitution [Article 53(1)]. Thus, Article 75(1) explicitly requires that Ministers (other than the Prime Minister) can be appointed by the President only on the advice of the Prime Minister. There will be a violation of this provision if the President appoints a person as Minister from outside the list submitted by the Prime Minister. Secondly, the executive powers shall be exercised by the President of India in accordance with the advice of his Council of Ministers [Article 74(1)].”
Why relevant

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)).

How to extend

A student could use this general rule to test whether the President would independently adjudicate legislative membership questions or act only on ministerial advice.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
Strength: 4/5
“In other words, the President can act on his/her discretion (that is, without the advice of the ministers) under the following situations: (i) Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister is in office dies suddenly and there is no obvious successor. (ii) Dismissal of the Council of Ministers when it cannot prove the confidence of the Lok Sabha. (iii) Dissolution of the Lok Sabha if the Council of Ministers has lost its majority.”
Why relevant

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.

How to extend

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).

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SIMILAR QUESTIONS

CDS-II · 2009 · Q58 Relevance score: -0.05

According to the Constitution (Fifty Second Amendment) Act 1985 as amended in 2003, a legislator attracts disqualification under the Tenth Schedule if I. he voluntarily gives up the membership of the party on whose ticket he was elected. II. he votes or abstains from voting contrary to any direction issued by his political party. III. as a result of split, less than one third of the members formed a new group or party in the house. IV. a member who has been elected as a independent member joins any political party. Select the correct answer using the code given below:

CAPF · 2013 · Q87 Relevance score: -0.34

Consider the following statements regarding termination of sitting of a House : 1. Only the House of the People is subject to dissolution. 2. The powers of dissolution and prorogation are exercised by the President on the advice of the Council of Ministers. 3. The power to adjourn the daily sittings of the House of the People and the Council of States belongs to the Speaker and the Chairman respectively. 4. The Parliament cannot be dissolved as it is a permanent chamber. Which of the statements given above are correct?

CDS-II · 2023 · Q25 Relevance score: -2.60

Any question pertaining to the disqualification of a member of the Lok Sabha on the ground of defection is decided by:

CAPF · 2013 · Q88 Relevance score: -2.64

Consider the following statements : 1. A person who is not a member of either House of the Parliament can be appointed a member of the Council of Ministers. 2. Anyone can be appointed as a member of the Council of Ministers for a maximum period of three years. 3. A person shall not be less than 25 years of age in order to become a minister. Which of the statements given above is/are correct?