Q1. Which of the following scenarios would not lead to disqualification under the Tenth Schedule?
- An independent MLA joins a political party six months after elections
- A nominated MP joins a political party seven months after taking oath
- A party MLA votes against the whip and is not condoned within 15 days
- A party MLA voluntarily resigns from the party
Correct Option: 2. A nominated MP joins a political party seven months after taking oath
Explanation: A nominated member has a six-month window from the date of taking seat to join a political party. Joining after that period, as in this case, invites disqualification.
Q2. The 91st Amendment Act, 2003 capped the size of the Union Council of Ministers. How is this cap constitutionally justified?
- By amending Article 74
- By inserting a new clause in Article 75
- By modifying Article 83
- By altering Article 81
Correct Option: 2. By inserting a new clause in Article 75
Explanation: The 91st Amendment Act added Clause (1A) to Article 75, which states that the size of the Union Council of Ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha.
Q3. Which provision of the Tenth Schedule was removed by the 91st Amendment to prevent ‘legalised mass defections’?
- Merger clause
- Whip clause
- Split clause
- Speaker’s discretion clause
Correct Option: 3. Split clause
Explanation: Earlier, defection by one-third of legislators was exempt under the split provision. The 91st Amendment removed this clause, making only a merger by two-thirds a valid exception. This was done to prevent bulk defections disguised as splits.
Q4. In the Kihoto Hollohan case (1992), which constitutional principle did the Supreme Court use to strike down finality of Speaker’s decision?
- Judicial review
- Separation of powers
- Parliamentary privilege
- Federalism
Correct Option: 1. Judicial review
Explanation: The Supreme Court upheld the constitutionality of the law, but struck down the clause that barred judicial review, holding it violated the basic structure. It ruled that decisions of the Speaker are subject to judicial scrutiny.
Q5. According to the Tenth Schedule, under which of the following circumstances would a merger not protect members from disqualification?
- If ⅔ of members of the original party agree to merge
- If the original political party merges with another
- If a faction of members claim to merge without party’s merger
- If the merged entity is registered with the ECI
Correct Option: 3. If a faction of members claim to merge without party’s merger
Explanation: For a valid merger, both the legislature party (2/3 members) and the original political party must merge. A group acting independently, even if forming ⅔ of the legislators, is not protected unless the parent party also merges.