{"id":2725,"date":"2025-05-26T15:04:40","date_gmt":"2025-05-26T09:34:40","guid":{"rendered":"https:\/\/lotusarise.com\/qna\/?p=2725"},"modified":"2025-05-26T15:04:44","modified_gmt":"2025-05-26T09:34:44","slug":"q-consider-the-following-statements-158","status":"publish","type":"post","link":"https:\/\/lotusarise.com\/qna\/upsc\/q-consider-the-following-statements-158","title":{"rendered":"Q.\u00a0Consider the following statements:"},"content":{"rendered":"\n<ol class=\"wp-block-list\">\n<li>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\u00a0<strong>President\u2019s decision<\/strong>\u00a0in accordance with the opinion of the Council of Union Ministers shall be final.<\/li>\n\n\n\n<li>There is no mention of the word \u2018<strong>political party<\/strong>\u2019 in the Constitution of India.<\/li>\n<\/ol>\n\n\n\n<p class=\"wp-block-paragraph\">Which of the statements given above is\/are&nbsp;<strong>correct?<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list mcq\">\n<li>1 only<\/li>\n\n\n\n<li>2 only<\/li>\n\n\n\n<li>Both 1 and 2<\/li>\n\n\n\n<li>Neither 1 nor 2<\/li>\n<\/ul>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><strong>Answer: (d) Neither 1 nor 2<\/strong><\/p>\n<\/blockquote>\n\n\n\n<h5 class=\"wp-block-heading\" id=\"anti-defection-law\">Anti Defection Law<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The provisions of the anti-defection law of India,\u00a0<strong>as set out in the Tenth Schedule of the Constitution of India, are as follows:<\/strong>\n<ul class=\"wp-block-list\">\n<li><strong>Disqualification:<\/strong>\u00a0A member of a House belonging to any political party becomes disqualified for being a member of the House,\n<ul class=\"wp-block-list\">\n<li>if he voluntarily gives up his membership of such a political party; or<\/li>\n\n\n\n<li>if he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li><strong>Independent Members:<\/strong>\u00a0An independent member of a House becomes disqualified from remaining a member of the House if he joins any political party after such an election.<\/li>\n\n\n\n<li><strong>Nominated Members:\u00a0<\/strong>A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date he takes his seat in the House.<\/li>\n\n\n\n<li><strong>Exceptions:<\/strong>\u00a0The above disqualification on the ground of defection does not apply in the following two cases:\n<ul class=\"wp-block-list\">\n<li><strong>Merger:<\/strong>\u00a0If a member goes out of his party due to a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such a merger.<\/li>\n\n\n\n<li><strong>Presiding Officer:\u00a0<\/strong>If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li><mark><strong>Deciding Authority:<\/strong>\u00a0Under the 10th Schedule of the Indian Constitution (Anti-Defection Law), if any question arises as to whether a Member of the House has become subject to disqualification,\u00a0<strong>the decision is made by the Speaker or Chairman of the House<\/strong>, not by the President, and not in accordance with the opinion of the Council of Union Ministers.<\/mark>\n<ul class=\"wp-block-list\">\n<li><mark>The decision on questions as to disqualification on ground of defection are referred to the\u00a0<strong>Chairman or the Speaker\u00a0<\/strong>of such House, which is\u00a0<strong>subject to \u2018Judicial review\u2019.<\/strong><\/mark><\/li>\n<\/ul>\n<\/li>\n\n\n\n<li><strong>Rule-Making Power:\u00a0<\/strong>The\u00a0<strong>presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule<\/strong>. According to the rules made so, the presiding officer can take up a defection case only when he receives a complaint from a member of the House.<\/li>\n\n\n\n<li><strong>Role of Whip:<\/strong>\u00a0The whip is responsible for communicating the party\u2019s position to its members and ensuring they vote in line with that position. In the case of a member defying the whip and voting against the party\u2019s official position, they may be subject to disciplinary action under the anti-defection law.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\" id=\"political-parties\">Political Parties:<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li><mark>The word\u00a0<strong>\u201cpolitical party\u201d is not explicitly mentioned in the original text of the Indian Constitution<\/strong>. However, political parties are crucial for the functioning of Indian constitutional structures. The term\u00a0<strong>\u201cpolitical party\u201d was introduced into the Constitution in 1985 with the 52nd Amendment<\/strong>, specifically<strong>\u00a0in the Tenth Schedule<\/strong>, to address defections.<\/mark>\n<ul class=\"wp-block-list\">\n<li>Despite their constitutional importance,\u00a0<strong>political parties are considered \u201cextra-constitutional,\u201d<\/strong>\u00a0meaning they are not explicitly defined or regulated by the Constitution but are crucial for its functioning.<\/li>\n\n\n\n<li>The\u00a0<strong>registration and functioning of political parties are regulated through laws like the Representation of the People Act, 1951<\/strong>.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li><strong>Legal provisions with respect to political parties:<\/strong>\n<ul class=\"wp-block-list\">\n<li>Political parties in India are\u00a0<strong>extra-constitutional.<\/strong><\/li>\n\n\n\n<li>The\u00a0<strong>right to form political parties is not mentioned in the Constitution of India<\/strong>.<\/li>\n\n\n\n<li><strong>Section 29A (5)<\/strong>\u00a0of the\u00a0<strong>Representation of the People Act, 1951<\/strong>\u00a0\u2013 It is the only major statutory provision dealing with political parties in India.<\/li>\n\n\n\n<li><strong>It sets down certain conditions for a political party for the formation and registration by ECI.<\/strong>\n<ul class=\"wp-block-list\">\n<li>It must consist only of Indian citizens<\/li>\n\n\n\n<li>It must call itself a political party set up for the purpose of contesting elections to the Parliament and State Legislatures and for no other purpose.<\/li>\n\n\n\n<li>It must have at least 100 registered electors as its members.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>It orders that a political party\u00a0<strong>shall bear true faith and allegiance to the Constitution of India<\/strong>\u00a0as by law established, and to the principles of socialism, secularism, democracy, and would uphold the sovereignty, unity and integrity of India<\/li>\n\n\n\n<li><strong>Deregistration of parties<\/strong>:\n<ul class=\"wp-block-list\">\n<li>The\u00a0<strong>ECI is not empowered to de-register parties on the grounds of violating the Constitution<\/strong>\u00a0or breaching the undertaking given to it at the time of registration.<\/li>\n\n\n\n<li><strong>A party can only be de-registered<\/strong>\n<ol class=\"wp-block-list\">\n<li>if its registration was obtained by fraud;<\/li>\n\n\n\n<li>\u00a0if it is declared illegal by the Central Government;<\/li>\n\n\n\n<li>if a party amends its internal Constitution and notifies the ECI that it can no longer abide by the Indian Constitution.<\/li>\n<\/ol>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Which of the statements given above is\/are&nbsp;correct? Answer: (d) Neither 1 nor 2 Anti Defection Law Political Parties:<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[1,3],"tags":[39],"years":[63],"class_list":["post-2725","post","type-post","status-publish","format-standard","hentry","category-upsc","category-prelims","tag-indian-polity","years-63"],"acf":[],"taxonomy_info":{"category":[{"value":1,"label":"UPSC"},{"value":3,"label":"Prelims"}],"post_tag":[{"value":39,"label":"Indian Polity"}],"years":[{"value":63,"label":"2025"}]},"featured_image_src_large":false,"author_info":{"display_name":"LotusArise","author_link":"https:\/\/lotusarise.com\/qna\/author\/team-lotusarise"},"comment_info":0,"category_info":[{"term_id":1,"name":"UPSC","slug":"upsc","term_group":0,"term_taxonomy_id":1,"taxonomy":"category","description":"","parent":0,"count":1269,"filter":"raw","cat_ID":1,"category_count":1269,"category_description":"","cat_name":"UPSC","category_nicename":"upsc","category_parent":0},{"term_id":3,"name":"Prelims","slug":"prelims","term_group":0,"term_taxonomy_id":3,"taxonomy":"category","description":"","parent":1,"count":1251,"filter":"raw","cat_ID":3,"category_count":1251,"category_description":"","cat_name":"Prelims","category_nicename":"prelims","category_parent":1}],"tag_info":[{"term_id":39,"name":"Indian Polity","slug":"indian-polity","term_group":0,"term_taxonomy_id":39,"taxonomy":"post_tag","description":"","parent":0,"count":188,"filter":"raw"}],"_links":{"self":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2725","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/comments?post=2725"}],"version-history":[{"count":0,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2725\/revisions"}],"wp:attachment":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/media?parent=2725"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/categories?post=2725"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/tags?post=2725"},{"taxonomy":"years","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/years?post=2725"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}