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UPSC Prelims 2025GS1Polity & GovernanceAnti-Defection Law

Q68. 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?

A. I only
B. II only
C. Both I and II
D. Neither I nor II✓ Correct

Detailed Solution

✓ Correct Answer: Option D
✗ Statement I is incorrect
Under Paragraph 6(1) of the Tenth Schedule (Anti-Defection Law), the authority to decide on questions of disqualification of a Member of Parliament on grounds of defection rests with the Speaker of the Lok Sabha (or Chairman of Rajya Sabha), not the President. The President's role in disqualification arises under Article 102, based on the Election Commission's advice, for other grounds of disqualification.
✗ Statement II is incorrect
While the original Constitution did not explicitly mention 'political party,' the term was formally introduced into the Constitution by the Fifty-second Amendment Act, 1985, which added the Tenth Schedule (Anti-Defection Law). This Schedule makes multiple references to 'political party' in defining grounds for disqualification. Therefore, both statements are incorrect. The Anti-Defection Law and constitutional provisions related to disqualification are frequently debated and are crucial for UPSC Polity & Governance.

Current Affairs Link

In September 2024, the Supreme Court dismissed a plea challenging the constitutional validity of the anti-defection law. The issue has remained in the news due to ongoing political defections in Telangana and other states, prompting UPSC to test candidates' understanding of this important constitutional provision.

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