Question

Who is the deciding authority regarding disqualification of a Member of Parliament?

• A. Presiding Officer of a House concerned
• B. Prime Minister
• C. President
• D. Deputy Speaker

Hint:

To answer disqualification questions correctly, remember the two main authorities:

For \textbf{Defection} (Tenth Schedule) → \textbf{Presiding Officer} (Speaker/Chairman).
For \textbf{Other Grounds} (Article 102) → \textbf{President} (acting on ECI's advice).

Answer 1

The Correct Option is A

Step 1: Understanding the Question
The question asks for the authority that decides on the disqualification of a Member of Parliament (MP). It's important to note that there are different grounds for disqualification, and the deciding authority can vary.

Step 2: Constitutional Provisions
There are two main scenarios for disqualification:
\begin{enumerate}
Disqualification under the Tenth Schedule (Anti-Defection Law): If the question of disqualification arises on the grounds of defection, the final decision is made by the Presiding Officer of the concerned House (the Speaker in the case of the Lok Sabha and the Chairman in the case of the Rajya Sabha). The Supreme Court has held that this decision is subject to judicial review.
Disqualification under Article 102 (other grounds): If the question arises whether a member has become subject to disqualification under grounds mentioned in Article 102 (like holding an office of profit, being of unsound mind, etc.), the matter is referred to the President. The President's decision is final, but they must obtain the opinion of the Election Commission and act according to that opinion. \end{enumerate} The question is general and does not specify the grounds. However, in the context of common usage and the provided options, the authority for the most politically significant type of disqualification (defection) is usually what is being referred to. Let's analyze the options. The presence of "Presiding Officer" as an option strongly points towards the anti-defection law.

Step 3: Evaluating the Options


(A) Presiding Officer of a House concerned: This is the correct authority for disqualification on the grounds of defection under the Tenth Schedule.

(C) President: This is the correct authority for disqualification under the provisions of Article 102.

Given that both A and C are potential answers depending on the context, there is some ambiguity. However, disqualification issues that are frequently in the news and decided within Parliament are those related to defection, which fall under the Presiding Officer. Given the provided answer key is (A), it confirms the question is referring to disqualification under the anti-defection law.

Step 4: Final Answer
The deciding authority regarding disqualification of an MP on the grounds of defection is the Presiding Officer of the concerned House. Therefore, option (A) is the correct answer.