Correct Option (D)
Explanation
Statement 1 is incorrect.
- Under Paragraph 6(1) of the Tenth Schedule (Anti-Defection Law), the authority to decide on questions of disqualification of a Member of a House on the ground of defection rests with the Speaker of the Lok Sabha (in the case of the House of the People) or the Chairman of the Rajya Sabha.
- The decision of the Speaker/Chairman is considered final under the Schedule. However, the Supreme Court, in the Kihoto Hollohan v. Zachillhu (1992) case, held that this decision is subject to judicial review on limited grounds, such as mala fides or violation of constitutional principles.
- The President's role in disqualification arises under Article 102, concerning other disqualifications (e.g., holding an office of profit, being of unsound mind), and even then, the President acts in accordance with the opinion of the Election Commission, not the Council of Union Ministers.
Statement 2 is incorrect.
- While the original Constitution of India (1950) did not explicitly mention the term 'political party', it was introduced into the Constitution by the 52nd Constitutional Amendment Act, 1985.
- This amendment inserted the Tenth Schedule (Anti-Defection Law) into the Constitution, which contains multiple explicit references to 'political party', particularly in Paragraph 2, defining the conditions for disqualification due to defection.
Incorrect Options
Options 1, 2, and 3 are incorrect because both Statement 1 and Statement 2 are factually incorrect as explained above. Therefore, neither statement is correct.