2019 · Q3
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?
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- AThe schedule lays down that elected members may be disqualified on the grounds of defection
- BDisqualification on ground of defection does not apply in cases of merger with another political party
- CCases of dispute are decided by the Speaker or Chairman of the House concerned
- DThe Supreme Court of India is the final arbiter in cases which remain unresolved
Explanation
The Tenth Schedule lays down disqualification on the ground of defection (A is true), exempts mergers backed by two-thirds of the legislature party under paragraph 4 (B is true), and vests the decision on disputes in the Speaker/Chairman (C is true). It does not make the Supreme Court the final arbiter - the Speaker's decision is subject only to judicial review, as held in Kihoto Hollohan (1992). So the NOT-true statement is D. The stored key B has been corrected per UPSC's official answer key.