Consider the following statements:If any question arises as to whether a Member of the House of the

Question

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 IndiaWhich of the statements given above is/are correct?

Accepted Answer

I. If a question arises as to whether a Member of the House of the People has incurred disqualification under the Tenth Schedule, the President's decision— based on the advice of the Council of Ministers—is final. This statement misrepresents the constitutional procedure. Under Paragraph 6(1) of the Tenth Schedule (Anti-Defection Law), the authority to decide on such disqualifications lies with the Speaker of the Lok Sabha (or the Chairman in the case of the Rajya Sabha), not the President. The decision of the Speaker or Chairman is deemed final within the context of the Schedule. However, in the landmark Kihoto Hollohan v. Zachillhu (1992) case, the Supreme Court clarified that while the decision is final under the Schedule, it is still subject to judicial review on grounds such as mala fides or violation of constitutional principles. The President's role in disqualification matters arises only in cases under Article 102, and even then, only on receiving the opinion of the Election Commission, not the Council of Ministers. Hence statement 1 is not correct. II. The Constitution of India does not contain the term ‘political party’. While the original Constitution of 1950 did not mention the term “political party,” the term was explicitly introduced by the Fifty-second Amendment Act, 1985, through the insertion of the Tenth Schedule, which deals with disqualification due to defection. This Schedule contains multiple references to "political party"—for example, in Paragraph 2, which outlines the conditions under which a member is deemed to have defected from their party. Therefore, in its amended form, the Constitution clearly contains and defines the term “political party.” Hence statement 2 is not correct.