Explanation

The Tenth Schedule of the Constitution, popularly known as the Anti-Defection Law, was added by the 52nd Constitutional Amendment in 1985. It lays down the grounds for disqualification of Members of Parliament and State Legislatures on the basis of defection from their political party.

Statement I is incorrect. Under the Tenth Schedule, any question regarding the disqualification of a member on grounds of defection is decided by the Speaker or Chairman of the respective House — not the President. The President has no role in disqualification under the anti-defection law. This is an important distinction: disqualification under Articles 102 and 191 (on other grounds such as holding office of profit) is decided by the President or Governor after consulting the Election Commission — but disqualification under the Tenth Schedule is exclusively within the jurisdiction of the Speaker or Chairman. The statement’s reference to the Council of Union Ministers makes it further incorrect, as the Council of Ministers plays no role in this process.

Statement II is incorrect. The term ”political party” is explicitly mentioned in the Constitution of India, particularly in the Tenth Schedule itself. For example, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected, or if they vote or abstain from voting contrary to the direction of their political party without prior permission. The Tenth Schedule repeatedly references political parties as the basis for determining defection.

Therefore, neither Statement I nor Statement II is correct.