📘 IAS Prelims 2025 — GS-I | Q.88 | Classroom Explanation
(Polity & Governance | Anti-Defection Law & Constitutional Provisions)

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📌 Question

Q.88)
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 Tenth 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

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✅ Correct Answer: (d) Neither I nor II

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🧑‍🏫 Classroom Explanation

This question tests precise constitutional authorities and a classic UPSC trap around the Anti-Defection Law (Tenth Schedule).

Let’s break it down clearly 👇

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🔍 Statement-wise Analysis

🔹 Statement I — Incorrect ❌

👉 Who decides disqualification under the Tenth Schedule?

• Paragraph 6(1) of the Tenth Schedule clearly states:
  • The authority to decide disqualification of a Lok Sabha member lies with the Speaker of the Lok Sabha
  • For Rajya Sabha → Chairman

📌 President’s role?

• ❌ No role under the Tenth Schedule
• The President comes into play only under Article 102, and even there:
  • Acts on the opinion of the Election Commission,
  • Not on advice of Council of Ministers

⚖️ Judicial Check

• Kihoto Hollohan v. Zachillhu (1992):
  • Speaker’s decision is final under the Schedule
  • BUT subject to limited judicial review (mala fide, violation of natural justice, etc.)

🧠 UPSC Trap

President + disqualification ≠ always correct authority

➡️ Statement I is NOT correct

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🔹 Statement II — Incorrect ❌

👉 Is the term “political party” absent from the Constitution?

• ✔️ It is present
• Inserted by the 52nd Constitutional Amendment Act, 1985

📜 Where exactly?

• Tenth Schedule (Anti-Defection Law)
• Paragraph 2 repeatedly uses and defines:
  • “political party”
  • “original political party”

📌 Clarification

• True that the original 1950 Constitution did not mention the term
• ❌ But today’s Constitution (as amended) explicitly does

🧠 UPSC Trick

“Originally absent” ≠ “Constitution does not mention”

➡️ Statement II is NOT correct

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🧠 One-Line Memory Hook (Prelims Gold)

“Defection is decided by the Speaker, not the President — and parties are constitutional since 1985.”

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📍 GS Mapping

Parliament & Disqualification

GS Paper II Mains

Constitution of India

Anti-Defection Law

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