Which one of the following statements not correct?
A. Any question regarding disqualification of a member of Parliament can be decided by the Election Commission of India on a reference
B. Validity of any proceedings in Parliament cannot be called in question in any court on the ground of any alleged irregularity of procedure
C. The Courts cannot issue a writ against the Speaker from presiding over meetings of the House
D. Any Member of Parliament can address the House in his mother tongue by taking permission of the Speaker of Lok Sabha or Chairman of the Rajya Sabha
Answer: Option C
This Question Belongs to Law >> Constitution Of India
Correct Answer: A. Any question regarding disqualification of a member of Parliament can be decided by the Election Commission of India on a reference Why Option A is INCORRECT (Making it the correct choice for this question):Who actually decides disqualification under Article 103?Under Article 103, the decision on disqualification of an MP (under Article 102(1)) is made by the President of India, not the Election Commission of India (ECI).The ECI gives its opinion on the matter, and the President must act according to that opinion, but the final order/decision is issued in the name of the President.(Note: Disqualification on the grounds of defection under the 10th Schedule is decided by the Speaker/Chairman).
Yes, the court can issue a writ against a speaker for presiding over meetings of the house. The Supreme Court has held that the existence of judicial power implies that citizens have the right to move the court