UPSC Prelims 2025 Q88: Indian Polity – Elections & Electoral Reforms
- (a) I only
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Answer: (d) Neither I nor II
Explanation
10th Schedule (Anti-Defection) and Constitutional Provisions
| Statement | Claim | Verdict | Why |
|---|---|---|---|
| I | If disqualification question arises under 10th Schedule, President's decision per Council of Ministers' opinion = final | FALSE | Under the 10th Schedule (Para 6), the question of disqualification is decided by the Speaker (for Lok Sabha) or the Chairman (for Rajya Sabha) - not the President or Council of Ministers. The Speaker's decision is final (subject to judicial review). |
| II | There is no mention of the word 'political party' in the Constitution of India | FALSE | The 10th Schedule (added by the 52nd Constitutional Amendment, 1985) extensively uses the phrase 'political party.' Also, Article 102(2) and 191(2) reference the 10th Schedule. The Constitution explicitly mentions political parties. |
Both statements are FALSE → Answer: Neither I nor II
10th Schedule — Anti-Defection Law Quick Reference:
| Aspect | Detail |
|---|---|
| Added by | 52nd Constitutional Amendment Act, 1985 |
| Decision maker | Speaker (LS) / Chairman (RS) - not President |
| Disqualification | Voluntarily giving up party membership OR voting against party whip |
| Exceptions | Merger of ≥2/3 of party members; speaker/deputy speaker election |
| 'Political party' in Constitution | YES - explicitly in 10th Schedule |
| Judicial review | Supreme Court can review Speaker's decision (Kihoto Hollohan v. Zachillhu, 1993) |
Answer: (d) Neither I nor II.
Why each option is right or wrong
- (a) Incorrect. Statement I alone would mean the President decides anti-defection cases — but the 10th Schedule Para 6 vests this power in the Speaker, not the President.
- (b) Incorrect. Statement II alone would mean 'political party' is not in the Constitution — but the 10th Schedule explicitly uses this term throughout its provisions.
- (c) Incorrect. Both I and II would be true — but Statement I misstates the decision-maker (Speaker, not President) and Statement II ignores the 10th Schedule's explicit language.
- (d) CORRECT. Statement I is wrong (it's the Speaker, not President/CoM, who decides). Statement II is wrong (10th Schedule extensively uses 'political party').
Key point
Anti-defection (10th Schedule): Speaker decides, not President. The Constitution DOES mention 'political party' — explicitly in the 10th Schedule.
Remember
Anti-defection (10th Schedule): Speaker decides, not President. Constitution DOES mention 'political party' in the 10th Schedule. Both statements in this question are FALSE.
Common mistakes
- Thinking the President decides anti-defection cases — it's always the SPEAKER (Lok Sabha) or CHAIRMAN (Rajya Sabha) per 10th Schedule Para 6.
- Believing the Constitution never mentions political parties — the 10th Schedule, added in 1985, uses the term throughout.
- Confusing 52nd Amendment (10th Schedule/anti-defection, 1985) with 91st Amendment (reduced defection merger threshold) — different amendments, different rules.
Exam tip
Anti-defection = 52nd Amendment + 10th Schedule + Speaker as judge. 'Political party' IS in the Constitution (10th Schedule). Key case: Kihoto Hollohan (1993) — SC upheld 10th Schedule but allowed judicial review of Speaker's decision. Speaker's decision NOT final — courts can review.
Sources
- Constitution of India — Tenth Schedule (Anti-Defection Law, 52nd Amendment 1985)
- Kihoto Hollohan v. Zachillhu (1993) — Supreme Court on 10th Schedule