Previous Year Question
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?
I only
II only
Both I and II
Neither I nor II
Correct Answer: D
Detailed Solution
Statement I is incorrect. The President does not decide the disqualification of a Member of Parliament on the ground of defection under the Tenth Schedule.
Under Paragraph 6 of the Tenth Schedule:
Disqualification of a Lok Sabha member is decided by the Speaker of the Lok Sabha.
Disqualification of a Rajya Sabha member is decided by the Chairman of the Rajya Sabha.
In a State Legislature, the Speaker or Chairman of the concerned House decides the matter.
The decision of the presiding officer is subject to limited judicial review.
This must be distinguished from the general disqualifications covered by Article 102(1). When a question concerning disqualification on grounds such as holding an office of profit, unsoundness of mind, undischarged insolvency or citizenship arises, Article 103 authorises the President to decide it after obtaining the opinion of the Election Commission. Even in such a case, the President acts according to the Election Commission’s opinion, not the opinion of the Union Council of Ministers.
Statement II is also incorrect. The expression ‘political party’ appears expressly at several places in the Tenth Schedule. The Schedule was inserted by the Constitution (Fifty-second Amendment) Act, 1985.
A member may ordinarily be disqualified under the Tenth Schedule for:
Voluntarily giving up membership of the political party.
Voting or abstaining contrary to the party’s direction without obtaining condonation within 15 days.
Joining a political party after being elected as an independent member.
Joining a political party after the expiry of six months from taking a seat as a nominated member.
Therefore, both statements are incorrect.