18

Question 18

Set 3

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QQuestion

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?

OOptions

A
A) I only
B
B) II only
C
C) Both I and II
D
D) Neither I nor II

Correct Answer

B) II only

DDalvoy Solutions

Analyzing statements about constitutional provisions:

I. President decides disqualification under 10th Schedule with Council of Ministers' opinion: Incorrect. Under the 10th Schedule (Anti-Defection Law), it is the Speaker/Chairman who decides on disqualification matters, not the President. The President does not have a role in anti-defection cases.

II. No mention of 'political party' in Constitution: Correct. The term 'political party' is not explicitly mentioned anywhere in the original Constitution of India. The Constitution refers to political concepts but does not formally define or mention political parties, which were later regulated through separate legislation.

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SUPSC Prelims Strategy and Tips

For constitutional terminology questions, distinguish between what is explicitly mentioned in the Constitution versus what has been added through amendments or legislation. The anti-defection law involves presiding officers, not the President.

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Polity & Governance - Constitutional provisions and political system

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Hard difficulty - requires precise knowledge of constitutional text and anti-defection law procedures

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