Question map
Not attempted Correct Incorrect โ˜… Bookmarked
Loadingโ€ฆ
Q88 (IAS/2025) Polity & Governance โ€บ Parliament โ€บ 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: โ€”  ยท  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)
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
54%
got it right
PROVENANCE & STUDY PATTERN
Full view
Donโ€™t just practise โ€“ reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
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 diโ€ฆ
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 ยท 10/10

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
โ€œHowever, 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.โ€
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
โ€œHowever, 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.โ€
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
โ€œBefore 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)].โ€
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
โ€œIn 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.โ€
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).

Statement 2
Does the Constitution of India (including its Schedules) contain the word "political party"?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"which resulted in the introduction of the new word 'Political Party' in the [Constitution of India]. Thus, political parties got recognition in the Constitution."
Why this source?
  • 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.
Web source
Presence: 5/5
"political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2"
Why this source?
  • 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.
Web source
Presence: 4/5
"Membership of a political party under the Tenth Schedule to the Constitution"
Why this source?
  • 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'.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM IN THE INDIAN CONSTITUTION > p. 157
Strength: 5/5
โ€œOnce the decision to partition India was taken, the Constituent Assembly decided to frame a government that would be based on the principles of unity and cooperation between the centre and the States and separate powers to the States. The most important feature of the federal system adopted by the Indian Constitution is the principle that relations between the States and the centre would be based on cooperation. Thus, while recognising diversity, the Constitution emphasised unity. Do you know for example, that the Constitution of India does not even mention the word federation? This is how the Constitution describes India โ€” Article 1: (1) India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule.โ€
Why relevant

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.

How to extend

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'.

Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) > Chapter 4: Political Parties > National parties > p. 53
Strength: 4/5
โ€œDemocracies that follow a federal system all over the world tend to have two kinds of political parties: parties that are present in only one of the federal units and parties that are present in several or all units of the federation. This is the case in India as well. There are some country-wide parties, which are called 'national parties'. These parties have their units in various states. But by and large, all these units follow the same policies, programmes and strategy that is decided at the national level. Every party in the country has to register with the Election Commission.โ€
Why relevant

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.

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 78: Political Parties > Conditions for Recognition as a State Party > p. 568
Strength: 3/5
โ€œHindu Mahasabha. and 39 state parties in the country. On the eve of Seventeenth Lok Sabha general elections (2019), there were 7 national parties and 52 state parties in the country. (HMS), Indian National Congress (INC), Krish ikar Lok Party (KLP), Kisan Mazdoor Praja Party (KMPP). Revolutionary Communist Party orl ndia (RCPI). Ram Rajya Parishad (RRP). Revolutionary Socialist Party (RSP), Scheduled Caste Fede ration (SCF) and Socialist Party (SP). Bahujan Samaj Party (BSP), Bharatiya Janata Party (BJP), Communist Party of India (CPI), Communist Party of India (Marxist) (CPM), Indian National Congress (INC). Nationalist Congress Party (NCP) and All India Trinamool Congress (AITC). โ€ข 51.โ€
Why relevant

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.

How to extend

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.

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
Strength: 3/5
โ€œThe Constituent Assembly had its first sitting on 9 December 1946. โ€ข The Draft Constitution of India, which was prepared by the Drafting Committee of the Constituent Assembly and pl'esented by it to the President of the Constituent Assembly on 21 February 1948, contained 315 Articles and Eight Schedules.โ€ข The C.onstitution of India, as adopted on 26 November 1949, contained 395 Articles and Eight Schedules. After subsequent amendments, the Constitution as it stood on 01-01-2022, contained 464 Articles and 12 Schedules.โ€ข Up LO Janual), 2022 .. the Constitution has been amended 105 times by <;;onstitutioll Amendment Acts passed in conformity with Article 368 of the Constitution (see Table IV).โ€
Why relevant

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.

How to extend

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'.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
Strength: 2/5
โ€œINTRODUCTION TO THE CONSTITUTION OF INDIA [CHAP. 22 When the Supreme Court exercises its discretionary jurisdiction under Article 136 of the Constitution, it is in order to ensure that there is no miscarriage of justice. Article 136 does not confer a right of appeal on any party, but confers a discretionary power on the Supreme Court to interfere in appropriate cases. This power can be exercised in spite of other provisions for appeal contained in the Constitution, or any other law. 32 A pure finding of fact based on appreciation of evidence does not call for interference in exercise of power under Article 136 of the Constitution.โ€
Why relevant

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.

How to extend

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.

Pattern takeaway: UPSC loves 'Negative Fact' questions (e.g., 'The Constitution does not define X'). If a statement claims a specific word is absent, pause and check if it was introduced via a Schedule or Amendment. Also, beware of statements that attribute House-internal matters (Defection) to the Executive (President).
How you should have studied
  1. [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.
  2. [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).
  3. [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).
  4. [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?
Concept hooks from this question
๐Ÿ“Œ Adjacent topic to master
S1
๐Ÿ‘‰ Authority to decide defection disqualification (Speaker/Chairman)
๐Ÿ’ก The insight

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.

๐Ÿ“š Reading List :
  • 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
๐Ÿ”— Anchor: "Under the Constitution of India (Tenth Schedule), does the President acting in a..."
๐Ÿ“Œ Adjacent topic to master
S1
๐Ÿ‘‰ Judicial review of Speaker/Chairman decisions (Kihoto Hollohan)
๐Ÿ’ก The insight

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.

๐Ÿ“š Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > til Disqualifications > p. 338
๐Ÿ”— Anchor: "Under the Constitution of India (Tenth Schedule), does the President acting in a..."
๐Ÿ“Œ Adjacent topic to master
S1
๐Ÿ‘‰ President's duty to act on aid and advice of Council of Ministers (Article 74(1))
๐Ÿ’ก The insight

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.

๐Ÿ“š Reading List :
  • 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
๐Ÿ”— Anchor: "Under the Constitution of India (Tenth Schedule), does the President acting in a..."
๐Ÿ“Œ Adjacent topic to master
S2
๐Ÿ‘‰ Absence of expected words in the constitutional text
๐Ÿ’ก The insight

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.

๐Ÿ“š Reading List :
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM IN THE INDIAN CONSTITUTION > p. 157
๐Ÿ”— Anchor: "Does the Constitution of India (including its Schedules) contain the word "polit..."
๐Ÿ“Œ Adjacent topic to master
S2
๐Ÿ‘‰ Distinction between constitutional provisions and statutory/administrative regulation of parties
๐Ÿ’ก The insight

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 lieโ€”within 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.

๐Ÿ“š Reading List :
  • 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
๐Ÿ”— Anchor: "Does the Constitution of India (including its Schedules) contain the word "polit..."
๐Ÿ“Œ Adjacent topic to master
S2
๐Ÿ‘‰ Role of Schedules and amendments in defining the Constitution's content
๐Ÿ’ก The insight

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.

๐Ÿ“š Reading List :
  • 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
๐Ÿ”— Anchor: "Does the Constitution of India (including its Schedules) contain the word "polit..."
๐ŸŒ‘ The Hidden Trap

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'.

โšก Elimination Cheat Code

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.

๐Ÿ”— Mains Connection

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.

โœ“ Thank you! We'll review this.

SIMILAR QUESTIONS

CDS-II ยท 2009 ยท 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 ยท 2013 ยท 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 ยท 2023 ยท 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 ยท 2013 ยท 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?