The correct option is The Presiding Officer of the House.
Explanation
The Tenth Schedule of the Constitution, introduced by the 52nd Amendment Act of 1985, lays down the provisions regarding the disqualification of members of Parliament and State Legislatures on the ground of defection. This is commonly referred to as the Anti-Defection Law.
Adjudicating Authority:
- Presiding Officer: The power to decide on questions of disqualification on the ground of defection is vested in the Presiding Officer of the House.
- In the Lok Sabha, the authority is the Speaker.
- In the Rajya Sabha, the authority is the Chairman.
- Exception: If the complaint of defection is against the Presiding Officer themselves, the decision is made by a member of the House elected by the House for that specific purpose.
- Judicial Review: Originally, the Tenth Schedule stated that the decision of the Presiding Officer was final and not subject to judicial review. However, in the Kihoto Hollohan case (1992), the Supreme Court declared this provision unconstitutional. The Court ruled that the Presiding Officer functions as a tribunal while deciding cases under the Tenth Schedule, and therefore, their decision is subject to judicial review on grounds such as mala fides or perversity.
Distinction from Other Disqualifications:
It is important to distinguish this from disqualifications under Article 102(1) (e.g., holding an office of profit, being of unsound mind, or insolvency). In those cases, the decision is made by the President of India (for MPs) or the Governor (for MLAs) in consultation with the Election Commission of India.
Key Takeaway:
The Presiding Officer of the House is the sole adjudicating authority for disqualification under the Anti-Defection Law (10th Schedule), though their decision is subject to judicial review.