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UPSC Prelims 2025 · Polity · Elections, Parties & Anti-defection
Consider the following statements:
- 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.
- There is no mention of the word ‘political party’ in the Constitution of India.
- (a) I only
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Show the answer and explanation
Answer: (d) Neither I nor II
Speaker decides (para 6); the Tenth Schedule names political parties.
Statement by statement
1. ✗ WRONG — the Speaker decides Tenth Schedule, para 6: the Speaker (Chairman in the Rajya Sabha) decides defection cases. Kihoto Hollohan (1992): the decision is open to judicial review. (For other disqualifications, Art. 103 has the President decide on the Election Commission’s opinion — not the Council of Ministers.)
2. ✗ WRONG The Tenth Schedule (52nd Amendment, 1985) uses and defines “political party” for its purposes.
The idea
Two routes to disqualification: Art. 102/191 (office of profit, unsound mind, insolvency, non-citizen, a law of Parliament) — decided by the President/Governor on the ECI’s opinion. Tenth Schedule (defection) — decided by the Speaker/Chairman.
Art. 102 grounds → President + ECI opinion (Art. 103) → Defection → Speaker/Chairman (10th Sch.) → judicial review (Kihoto Hollohan 1992)
Why the others are wrong
(a) The President does not decide defection cases; the presiding officer does.
(b) “Political party” appears in the Tenth Schedule.
(c) Both statements are false.
The trap
Statement 1 mixes the Art. 103 route with the Tenth Schedule and swaps the ECI for the Council of Ministers. Two errors in one line.
🔒 Defection → Speaker/Chairman (reviewable) · other disqualification → President/Governor on ECI opinion · “political party” is in the 10th Schedule.
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