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AMENDMENT_52_01031985

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7
PART5.txt
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@ -727,7 +727,7 @@ seat in Parliament shall become vacant, unless he has previously resigned his
seat in the Legislature of the State.
(3) If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in
clause (1) of article 102, or
clause (1) or clause (2) of article 102, or
(b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is
accepted by the Chairman or the Speaker, as the case may be,
@ -761,11 +761,12 @@ court;
citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
(2) For the purposes of this article a person shall not be
Explanation.—For the purposes of this clause a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State by reason only that he is a Minister either for the
Union or for such State.
(2) A person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under the Tenth Schedule.
103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications mentioned in

8
PART6.txt
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@ -562,7 +562,7 @@ Legislatures of all such States shall become vacant, unless he has previously
resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in
clause (1) of article 191; or
clause (1) or clause (2) of article 191; or
(b) resigns his seat by writing under his hand addressed to the
speaker or the Chairman, as the case may be, and his resignation is
accepted by the Speaker or the Chairman, as the case may be,
@ -597,11 +597,13 @@ court;
citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
(2) For the purposes of this article, a person shall not be
Explanation.—For the purposes of this clause, a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State specified in the First Schedule by reason only that he
is a Minister either for the Union or for such State.
(2) A person shall be disqualified for being a member of the Legislative
Assembly or Legislative Council of a State if he is so disqualified under the
Tenth Schedule.
192. Decision on questions as to disqualifications of members.—(1)
If any question arises as to whether a member of a House of the Legislature of a
State has become subject to any of the disqualifications mentioned in clause (1)

320
SCHEDULE10.txt
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@ -1,153 +1,191 @@
[Articles 2A, 80(1) and 81(1)]
TENTH SCHEDULE
[Articles 102(2) and 191(2)]
Provisions as to disqualification on ground of defection
1. Interpretation.—In this Schedule, unless the context otherwise requires,—
(a) "House" means either House of Parliament or the Legislative
Assembly or, as the case may be, either House of the Legislature of a State;
(b) "legislature party", in relation to a member of a House
belonging to any political party in accordance with the provisions of
paragraph 2 or paragraph 3 or, as the case may be, paragraph 4, means the group
consisting of all the
members of that House for the time being belonging to that political
party in accordance with the said provisions;
(c) "original political party", in relation to a member of a House,
means the political party to which he belongs for the purposes of subparagraph (
1) of paragraph 2;
(d) "paragraph" means a paragraph of this Schedule.
2. Disqualification on ground of defection.—(1) Subject to the
provisions of paragraphs 3, 4 and 5, a member of a House belonging to any
political party shall be disqualified for being a member of the House—
(a) if he has voluntarily given up his membership of such political
party; or
(b) if he votes or abstains from voting in such House contrary to
any direction issued by the political party to which he belongs or by any
person or authority authorised by it in this behalf, without obtaining, in
either case, the prior permission of such political party, person or
authority and such voting or abstention has not been condoned by such
political party, person or authority within fifteen days from the date of
such voting or abstention.
Explanation.—For the purposes of this sub-paragraph,—
(a) an elected member of a House shall be deemed to belong to
the political party, if any, by which he was set up as a candidate for
election as such member;
(b) a nominated member of a House shall,—
(i) where he is a member of any political party on the date
of his nomination as such member, be deemed to belong to such
political party;
PART A
TERRITORIES OF SIKKIM
296
1. Sikkim.---Sikkim comprises the following territories, namely:-
297
The territories which, immediately before the coming into force of the
Government of Sikkim Act, 1974, were comprised in Sikkim.
THE CONSTITUTION OF INDIA
PART B
(ii) in any other case, be deemed to belong to the political
party of which he becomes, or, as the case may be, first becomes,
a member before the expiry of six months from the date on which
he takes his seat after complying with the requirements of article
99 or, as the case may be, article 188.
(2) An elected member of a House who has been elected as such otherwise
than as a candidate set up by any political party shall be disqualified for bein
g a
member of the House if he joins any political party after such election.
(3) A nominated member of a House shall be disqualified for being a
member of the House if he joins any political party after the expiry of six
months from the date on which he takes his seat after complying with the
requirements of article 99 or, as the case may be, article 188.
(4) Notwithstanding anything contained in the foregoing provisions of
this paragraph, a person who, on the commencement of the Constitution (Fiftyseco
nd Amendment) Act, 1985, is a member of a House (whether elected or
nominated as such) shall,—
(i) where he was a member of political party immediately before
such commencement, be deemed, for the purposes of sub-paragraph (1)
of this paragraph, to have been elected as a member of such House as a
candidate set up by such political party;
(ii) in any other case, be deemed to be an elected member of the
House who has been elected as such otherwise than as a candidate set up
by any political party for the purposes of sub-paragraph (2) of this
paragraph or, as the case may be, be deemed to be a nominated member
of the House for the purposes of sub-paragraph (3) of this paragraph.
*
*
*
3. Disqualification on ground of defection not to apply in case of split.- Where
a member of a House makes a claim that he and any other members of his legislat
ure party constitute the group representing a faction which has arisen as a resu
lt of a split in his original political party and such group consists of not les
s than one-third of the members of such legislature party,-
(a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the g
round-
(i) that he has voluntarily given up his membership of his original political pa
rty; or
(ii) that he has voted or abstained from voting in such House contrary to any di
rection issued by such party or by any person or authority authorised by it in t
hat behalf without obtaining the prior permission of such party, person or autho
rity and such voting or abstention has not been condoned by such party, person o
r authority within fifteen days from the date of such voting or abstention; and
(b) from the time of such split, such faction shall be deemed to be the politica
l party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2
and to be his original political party for the purposes of this paragraph.
*
*
4. Disqualification on ground of defection not to apply in case of
merger.—(1) A member of a House shall not be disqualified under subparagraph (
1) of paragraph 2 where his original political party merges with
another political party and he claims that he and any other members of his
original political party—
(a) have become members of such other political party or, as the
case may be, of a new political party formed by such merger; or
(b) have not accepted the merger and opted to function as a
separate group,
and from the time of such merger, such other political party or new political
party or group, as the case may be, shall be deemed to be the political party to
which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to
be his original political party for the purposes of this sub-paragraph.
TERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION
298
2. Responsibilities of the Government of India.-(1) The Government
of India-
THE CONSTITUTION OF INDIA
(a) shall be solely responsible for the defence and territorial
integrity of Sikkim and for the conduct and regulation of the external
relations of Sikkim, whether political, economic or financial;
(2) For the purposes of sub-paragraph (1) of this paragraph, the merger
of the original political party of a member of a House shall be deemed to have
taken place if, and only if, not less than two-thirds of the members of the
legislature party concerned have agreed to such merger.
5. Exemption.—Notwithstanding anything contained in this Schedule, a
person who has been elected to the office of the Speaker or the Deputy Speaker
of the House of the People or the Deputy Chairman of the Council of States or
the Chairman or the Deputy Chairman of the Legislative Council of a State or
the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall
not be disqualified under this Schedule,—
(a) if he, by reason of his election to such office, voluntarily gives
up the membership of the political party to which he belonged
immediately before such election and does not, so long as he continues
to hold such office thereafter, rejoin that political party or become a
member of another political party; or
(b) if he, having given up by reason of his election to such office his
membership of the political party to which he belonged immediately before
such election, rejoins such political party after he ceases to hold such office.
6. Decision on questions as to disqualification on ground of
defection.—(1) If any question arises as to whether a member of a House has
become subject to disqualification under this Schedule, the question shall be
referred for the decision of the Chairman or, as the case may be, the Speaker of
such House and his decision shall be final:
Provided that where the question which has arisen is as to whether the
Chairman or the Speaker of a House has become subject to such disqualification,
the question shall be referred for the decision of such member of the House as t
he
House may elect in this behalf and his decision shall be final.
(2) All proceedings under sub-paragraph (1) of this paragraph in relation
to any question as to disqualification of a member of a House under this
Schedule shall be deemed to be proceedings in Parliament within the meaning
of article 122 or, as the case may be, proceedings in the Legislature of a State
within the meaning of article 212.
*7. Bar of jurisdiction of courts.—Notwithstanding anything in this
Constitution, no court shall have any jurisdiction in respect of any matter
connected with the disqualification of a member of a House under this Schedule.
(b) shall have the exclusive right of constructing, maintaining and
regulating the use of railways, aerodromes, landing grounds and air
navigation facilities, posts, telegraphs, telephones and wireless
installations in Sikkim;
______________________________________________
* Paragraph 7 declared invalid for want of ratification in accordance with the p
roviso to clause (2) of
article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and others (
1992) 1 S.C.C .
309.
(c) shall be responsible for securing the economic and social
development of Sikkim and for ensuring good administration and for the
maintenance of communal harmony therein;
299
(d) shall be responsible for providing facilities for students from
Sikkim in institutions for higher learning in India and for the
employment of people from Sikkim in the public service of India
(including the All-India Services), at par with those available to
citizens of India;
THE CONSTITUTION OF INDIA
(e) shall be responsible for providing facilities for the
participation and representation of the people of Sikkim in the
political institutions of India.
8. Rules.—(1) Subject to the provisions of sub-paragraph (2) of this
paragraph, the Chairman or the Speaker of a House may make rules for giving
effect to the provisions of this Schedule, and in particular, and without
prejudice to the generality of the foregoing, such rules may provide for—
(a) the maintenance of registers or other records as to the political
parties, if any, to which different members of the House belong;
(b) the report which the leader of a legislature party in relation to a
member of a House shall furnish with regard to any condonation of the
nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in
respect of such member, the time within which and the authority to
whom such report shall be furnished;
(c) the reports which a political party shall furnish with regard to
admission to such political party of any members of the House and the
officer of the House to whom such reports shall be furnished; and
(d) the procedure for deciding any question referred to in subparagraph (1) of p
aragraph 6 including the procedure for any inquiry
which may be made for the purpose of deciding such question.
(2) The rules made by the Chairman or the Speaker of a House under
sub-paragraph (1) of this paragraph shall be laid as soon as may be after they
are made before the House for a total period of thirty days which may be
comprised in one session or in two or more successive sessions and shall take
effect upon the expiry of the said period of thirty days unless they are sooner
approved with or without modifications or disapproved by the House and
where they are so approved, they shall take effect on such approval in the form
in which they were laid or in such modified form, as the case may be, and
where they are so disapproved, they shall be of no effect.
(3) The Chairman or the Speaker of a House may, without prejudice to
the provisions of article 105 or, as the case may be, article 194, and to any ot
her
power which he may have under this Constitution direct that any wilful
contravention by any person of the rules made under this paragraph may be
dealt with in the same manner as a breach of privilege of the House.
(2) The provisions contained in this paragraph shall not be
enforceable by any court.
3. Exercise of certain powers by the President.-The President may, by
general or special order, provide-
(a) for the inclusion of the planned development of Sikkim within the
ambit of the planning authority of India while that authority is
preparing plans for the economic and social development of India, and
for appropriately associating officials from Sikkim in such work;
(b) for the exercise of all or any of the powers vested or sought to
be vested in the Government of India in or in relation to Sikkim under
the Government of Sikkim Act, 1974.
4. Representation in Parliament.-Notwithstanding anything in this
Constitution-
(a) there shall be allotted to Sikkim one seat in the Council of
States and one seat in the House of the People;
(b) the representative of Sikkim in the Council of States shall be
elected by the members of the Sikkim Assembly;
(c) the representative of Sikkim in the House of the People shall be
chosen by direct election, and for this purpose, the whole of Sikkim
shall form one parliamentary constituency to be called the
parliamentary constituency for Sikkim:
Provided that the representative of Sikkim in the House of the People
in existence at the commencement of the Constitution (Thirty-fifth
Amendment) Act, 1974, shall be elected by the members of the Sikkim
Assembly;
(d) there shall be one general electoral roll for the parliamentary
constituency for Sikkim and every person whose name is for the time
being entered in the electoral roll of any constituency under the
Government of Sikkim Act, 1974, shall be entitled to be registered in
the general electoral roll for the parliamentary constituency for
Sikkim;
(e) a person shall not be qualified to be the representative of Sikkim
in the Council of States or the House of the People unless he is also
qualified to be chosen to fill a seat in the Sikkim Assembly and in
the case of any such representative-
(i) clause (a) of article 84 shall apply as if the words "is a citizen
of India, and" had been omitted therefrom;
(ii) clause (3) of article 101 shall apply as if sub-clause (a) had
been omitted therefrom;
(iii) sub-clause (d) of clause (1) of article 102 shall apply as if
the words "is not a citizen of India, or" had been omitted therefrom;
(iv) article 103 shall not apply;
(f) every representative of Sikkim in the Council of States or in the
House of the People shall be deemed to be a member of the Council of
States or the House of the People, as the case may be, for all the
purposes of this Constitution except as respects the election of the
President or the Vice-President:
Provided that in he case of any such representative, clause (2) of
article 101 shall apply as if for the words "a House of the
Legislature of a State", in both the places where they occur, and for
the words "the Legislature of the State", the words "the Sikkim
Assembly" had been substituted;
(g) if a representative of Sikkim, being a member of the Council of
States or the House of the People, becomes subject to any of the
disqualifications for being a member of the Sikkim Assembly or for
being the representative of Sikkim in the Council of States or the
House of the People, his seat as a member of the Council of States or
the House of the People, as the case may be, shall thereupon become
vacant;
(h) if any question arises as to whether a representative of Sikkim,
being a member of the Council of States or the House of the People,
has become subject to any of the disqualifications mentioned in clause
(g) of this paragraph, the question shall be referred for the decision
of the President and his decision shall be final:
Provided that before giving any decision on any such question, the
President shall obtain the opinion of the Election Commission and
shall act according to such opinion;
(i) the superintendence, direction and control of the preparation of
the electoral rolls for the conduct of elections to Parliament under
this paragraph of the representatives of Sikkim shall be vested in the
Election Commission and the provisions of clauses (2), (3), (4) and
(6) of article 324 shall, so far as may be, apply to and in relation
to all such elections;
(j) Parliament may, subject to the provisions of this paragraph, from
time to time by law make provision with respect to all matters
relating to, or in connection with, such elections to either House of
Parliament;
(k) no such election to either House of Parliament shall be called in
question except by an election petition presented to such authority
and in such manner as may be provided for by or under any law made by
Parliament.
Explanation.-In this paragraph, the expression "the Sikkim Assembly"
shall mean the Assembly for Sikkim constituted under the Government of
Sikkim Act, 1974.
5. Schedule not to derogate from agreements, etc.-The provisions of
this Schedule shall be in addition to, and not in derogation of, any
other power, jurisdiction, rights and authority which the Government
of India has or may have in or in relation to Sikkim under any
agreement, grant, usage, sufferance or other lawful arrangement.'.