Which one.of the following is NOT true of the 10th schedule of the Constitution of India pertaining to disqualification of members of the Parliament and State legislatures ?

The schedule lays down that elcted members may be disqualified on the grounds of defection
Disqualification on ground of defection does not apply in cases of merger with another political party
Cases of dispute are decided by the speaker or Chairman of the House concerned
The Supreme Court of India is the final arbiter in cases which remain unresolved

The correct answer is (d). The Supreme Court of India is not the final arbiter in cases which remain unresolved. The 10th Schedule of the Constitution of India provides for the disqualification of members of Parliament and State legislatures on the grounds of defection. The Schedule lays down that elected members may be disqualified on the grounds of defection if they voluntarily resign from their party or join another party or abstain from voting on a matter specified in the Schedule. However, disqualification on ground of defection does not apply in cases of merger with another political party. Cases of dispute are decided by the Speaker or Chairman of the House concerned. If the Speaker or Chairman is unable to decide the dispute, it is referred to the Election Commission of India, whose decision is final.

The Supreme Court of India is not the final arbiter in cases which remain unresolved because the Schedule does not provide for it. The Schedule only provides for the Speaker or Chairman of the House concerned to decide cases of dispute. If the Speaker or Chairman is unable to decide the dispute, it is referred to the Election Commission of India, whose decision is final.

Exit mobile version