Consider the following statements:

1. If any question arises as to whether a Member of the House of the People has become subject to disqualify cation under the 10th Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final.
2. There is no mention of the word ‘political party’ in the Constitution of India.

Which of the statements given above is/are correct?

1. I only
2. II only
3. Both I and II
4. Neither I nor I

Explanation

Statement I is incorrect

• The 10^th Schedule of the IC gives the power of adjudication to the Speaker. The Presiding officer functions as a tribunal while adjudicating disqualification issues.

Statement II is incorrect

• The term “political party” was not mentioned in the original Constitution of 1950. It was explicitly introduced later through the Fifty-second Amendment Act of 1985, which added the Tenth Schedule to address disqualification on grounds of defection.

Answer: (d) Neither I nor II; Difficulty Level: Medium