If the ground is defection, the presiding officer decides; if it is office of profit, unsound mind or citizenship, the President decides.
(b) II only
Let's analyze the statements related to disqualification under the 10th Schedule and the mention of political parties in the Constitution:
| Aspect | Details |
|---|---|
| Tenth Schedule (1985) | Contains provisions on disqualification of Members on grounds of defection (Anti-Defection Law). |
| Authority for Disqualification | Speaker or Chairman of the House decides on defection cases, not the President or Council of Ministers. |
| Political Party in Constitution | Term 'political party' is not explicitly mentioned in the Constitution text; its existence is assumed by practices and laws. |
| Term | Explanation |
|---|---|
| Anti-Defection Law | Introduced to curb political defections and maintain stability of elected governments. |
| Speaker's Authority | Speaker acts as adjudicator on disqualification petitions under the Tenth Schedule. |
| Political Party | An organized group seeking to attain and maintain political power, recognized by law but not constitutionally defined. |
| Concept / Term | Explanation / Relevance |
|---|---|
| Tenth Schedule (1985) | Constitutional amendment dealing with disqualification of MPs and MLAs on grounds of defection. |
| Disqualification Authority | The Speaker or Chairman of the respective House is the authority to decide disqualification under the Tenth Schedule, not the President or Council of Ministers. |
| Anti-Defection Law | Law designed to prevent political defections and promote stability in legislatures. |
| Political Party | Although central to Indian politics, the term 'political party' is not explicitly mentioned in the Constitution. Recognized through laws and conventions. |
| Role of President | The President has no role in deciding disqualification under the Tenth Schedule. |
| Judicial Review | Courts can examine decisions of the Speaker on disqualification to some extent for malafide or violation of principles. |
| Constitutional Amendments | The Tenth Schedule was introduced by the 52nd Amendment Act, 1985. |
| Council of Ministers | Advises the President; has no direct role in disqualification decisions under the Tenth Schedule. |
| Speaker's Powers and Limitations | Speaker acts as quasi-judicial authority; decisions are subject to judicial review in certain cases. |
| Aspect | Details |
|---|---|
| Introduced by | 52nd Constitutional Amendment Act, 1985 |
| Purpose | To prevent political defections by elected members and ensure stability of governments |
| Applicable to | Members of Lok Sabha, Rajya Sabha, and State Legislative Assemblies and Councils |
| Grounds for Disqualification | - Voluntarily giving up membership of the political party on whose ticket elected - Voting or abstaining against party whip without prior permission - Independent candidates joining a party after election - Nominated members joining a party within six months of their nomination |
| Authority to Decide Disqualification | Speaker or Chairman of the respective House |
| Role of President/Council of Ministers | No role in deciding disqualification under the Tenth Schedule |
| Exceptions to Disqualification | - Merger of a political party with another where at least two-thirds members agree (merger clause) - Split provision was removed by 91st Amendment (2003) |
| Procedure for Removal | Members can be disqualified by a resolution passed by the Speaker/Chairman; decisions can be subject to judicial review on limited grounds |
| Effect of Disqualification | Member loses membership of the House, resulting in a vacancy |
| Judicial Review | Courts can review decisions on grounds of mala fide, arbitrariness, or constitutional violations but not on the merits of the decision |
| Criticism and Challenges | - Speaker’s impartiality questioned - Delays in decisions - Ambiguities regarding “voluntarily giving up membership” |
| Mode of Disqualification | Legal Provision | Details / Grounds | Authority to Decide |
|---|---|---|---|
| Defection (Voluntarily giving up membership) | Tenth Schedule, Article 102(2) | MP voluntarily gives up membership of the political party on whose ticket they were elected. | Speaker/Chairman of the House |
| Voting/Abstaining against party whip | Tenth Schedule | MP votes or abstains from voting contrary to party whip without prior permission. | Speaker/Chairman of the House |
| Independent candidates joining a party after election | Tenth Schedule | Independents who join a political party after being elected. | Speaker/Chairman of the House |
| Nominated members joining a party after six months | Tenth Schedule | Nominated MPs joining a political party within six months of nomination. | Speaker/Chairman of the House |
| Disqualification for holding office of profit | Article 102(1)(a) of Constitution and RPA Sections 9-10 | MP holding any office of profit under the government other than exempted offices. | President / Parliament / Courts |
| Unsound mind | Article 102(1)(b) | MP declared of unsound mind by a competent court. | President / Parliament / Courts |
| Undischarged insolvent | Article 102(1)(c) | MP declared insolvent by a court and not discharged. | President / Parliament / Courts |
| Not a citizen of India | Article 102(1)(d) | MP ceases to be a citizen of India. | President / Parliament / Courts |
| Disqualified under any law by Parliament | Article 102(1)(e) | MP disqualified under any law made by Parliament. | President / Parliament / Courts |
| Conviction for certain offenses | Representation of the People Act (Sections 8, 8A, 8B) | Conviction for specified crimes such as corruption, electoral offenses, certain other crimes leads to disqualification. | Election Commission and Courts |
| Failure to lodge election expenses | RPA Section 10A | Failure to lodge election expenses within prescribed time. | Election Commission and Courts |