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 10th 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
Correct answer
Explanation
The correct answer is D, neither I nor II. Defection cases are decided by the Speaker or Chairman, not the President, and the Tenth Schedule itself uses the term 'political party'.
The Tenth Schedule, the anti-defection law, was added by the 52nd Amendment Act, 1985. Paragraph 6 says that any question of disqualification on the ground of defection is decided by the Chairman or Speaker of the House, and that decision is final. In Kihoto Hollohan (1992) the Supreme Court held that the Speaker acts as a tribunal here, so the decision is open to judicial review. The Schedule defines a member's 'original political party' and the 'legislature party', so the term appears in the Constitution. Disqualification on other grounds under Article 102 is decided by the President on the opinion of the Election Commission, as Article 103 provides.
A is wrong because statement I mixes up the Article 103 process with the Tenth Schedule. B is wrong because 'political party' does appear in the Tenth Schedule. C is wrong because both statements are false.
Exam tip: Defection: Speaker or Chairman decides (Para 6); other disqualifications: President on Election Commission advice (Art. 103).
Practice Questions
View allThe right to form associations and unions is a right
- A.guaranteed to everybody
- B.to freedom guaranteed to citizens only
- C.to equality before law
- D.to life and personal liberty
Show answer
The right to form associations or unions is part of Article 19, and Article 19 rights belong only to citizens of India.
Read the full explanation →Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?
- A.The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
- B.All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
- C.The Commission, while investigating any matter, has all the powers of a Civil Court.
- D.The Commission has the power to regulate its own procedures.
Show answer
It is not correct, because the President causes the Commission's reports to be laid before each House of Parliament, not only before the Lok Sabha.
Read the full explanation →Which of the following statements with regard to the conduct of elections in India is/are not correct? 1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India. 2. The Model Code of Conduct comes into existence as soon as the date of the election is announced. 3. The laws relating to delimitation of constituencies are made by the Election Commission of India. 4. No election shall be called in question except by an election petition. Select the correct answer using the code given below.
- A.3 only
- B.1, 2 and 4
- C.1, 2 and 3
- D.4 only
Show answer
Statement 3 is the only incorrect one, because laws on the delimitation of constituencies are made by Parliament, not by the Election Commission.
Read the full explanation →Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?
- A.It was inserted by the Constitution (First Amendment) Act, 1951.
- B.The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
- C.The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
- D.The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
Show answer
It is not correct, because Article 31B says the opposite: an Act placed in the Ninth Schedule shall not become void merely because it is inconsistent with a fundamental right in Part III.
Read the full explanation →The Sixth Schedule of the Constitution of India pertains to the administration of tribal areas in which of the following States?
- A.Assam, Meghalaya, Tripura and Mizoram
- B.Meghalaya, Tripura, Manipur and Mizoram
- C.Assam, Manipur, Meghalaya and Tripura
- D.Manipur, Meghalaya, Tripura and Arunachal Pradesh
Show answer
The Sixth Schedule covers the administration of tribal areas in exactly these four north-eastern states.
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