Which one of the following is NOT true of the 10th schedule of the Constitution of India pertaining to disqualification of members of the Parliament and State legislatures?

A) The schedule lays down that elected members may be disqualified on the grounds of defection
B) Disqualification on ground of defection does not apply in cases of merger with another political party
C) Cases of dispute are decided by the speaker or Chairman of the House concerned
D) The Supreme Court of India is the final arbiter in cases which remain unresolved

The 10th Schedule, introduced by the 52nd Amendment Act of 1985, provides for the disqualification of members on the grounds of defection. Statement D is NOT true.

Under the Anti-Defection Law, all disputes regarding disqualification are decided by the presiding officer of the House (Speaker or Chairman). The Supreme Court, in the landmark Kihoto Hollohan case (1992), held that the presiding officer acts as a tribunal. While their decisions are subject to judicial review, courts cannot intervene in cases that remain unresolved (pending) before the presiding officer. Therefore, the Supreme Court does not act as an arbiter while a case is unresolved.

Statement B is true: The law specifically provides an exception where disqualification does not apply if a party merges with another and at least two-thirds of its legislative members agree to the merger.