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UPSC Prelims 2025 Q88: Indian Polity – Elections & Electoral Reforms

UPSC Prelims 2025, General Studies Paper I · Indian Polity

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?
  1. (a) I only
  2. (b) II only
  3. (c) Both I and II
  4. (d) Neither I nor II

Answer: (d) Neither I nor II

Explanation

10th Schedule (Anti-Defection) and Constitutional Provisions

StatementClaimVerdictWhy
IIf disqualification question arises under 10th Schedule, President's decision per Council of Ministers' opinion = finalFALSEUnder 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).
IIThere is no mention of the word 'political party' in the Constitution of IndiaFALSEThe 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:

AspectDetail
Added by52nd Constitutional Amendment Act, 1985
Decision makerSpeaker (LS) / Chairman (RS) - not President
DisqualificationVoluntarily giving up party membership OR voting against party whip
ExceptionsMerger of ≥2/3 of party members; speaker/deputy speaker election
'Political party' in ConstitutionYES - explicitly in 10th Schedule
Judicial reviewSupreme Court can review Speaker's decision (Kihoto Hollohan v. Zachillhu, 1993)

Answer: (d) Neither I nor II.

Why each option is right or wrong

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

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

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