If a question arises as to whether a Member of the of the People has incurred disqualification the Tenth Schedule, the President's decision— on the advice of the Council of Ministers—is statement misrepresents the constitutional Under Paragraph 6(1) of the Tenth (Anti-Defection Law), the authority to decide such disqualifications lies with the Speaker of the Lok (or the Chairman in the case of the Rajya Sabha), the President. The decision of the Speaker or is deemed final within the context of the However, in the landmark Kihoto Hollohan v. (1992) case, the Supreme Court clarified that the decision is final under the Schedule, it is still to judicial review on grounds such as mala or violation of constitutional principles. The role in disqualification matters arises only in under Article 102, and even then, only on the opinion of the Election Commission, not Council of Ministers. Hence statement 1 is not The Constitution of India does not contain the term party’. the original Constitution of 1950 did not mention term “political party,” the term was explicitly by the Fifty-second Amendment Act, 1985, the insertion of the Tenth Schedule, which with disqualification due to defection. This contains multiple references to "political example, in Paragraph 2, which outlines the under which a member is deemed to have from their party. Therefore, in its amended the Constitution clearly contains and defines the “political party.” Hence statement 2 is not correct.