UPSC CSE Prelims
Question 35
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.
Which of the statements given above is/are correct?
View correct answer and explanation
Correct answer: D
Correct Option: D (Neither I nor II)
Explanation: Tenth Schedule defection disputes are decided by the Speaker or Chairman of the relevant House, not by the President. The word 'political party' expressly occurs in the Tenth Schedule of the Constitution.
Statement / Pair / Item-wise Analysis:
I: False-para 6 of the Tenth Schedule vests decision-making in the presiding officer, subject to judicial review.
II: False-'political party' is mentioned in constitutional provisions including the Tenth Schedule.
Option-wise Analysis:
A. Incorrect-includes I despite the item-wise findings.
B. Incorrect-includes II despite the item-wise findings.
C. Incorrect-includes I, II despite the item-wise findings.
D. Correct-this matches the facts and the item-wise assessment above.