AMENDMENT_91_01012004

PART19.txt

@@ -50,7 +50,27 @@ means of a broadcasting station as it applies in relation to reports or matters
 published in a newspaper.
 Explanation.—In this article, “newspaper” includes a news agency report
 containing material for publication in a newspaper.
-
+361B. Disqualification for appointment on remunerative political
+post.—A member of a House belonging to any political party who is
+disqualified for being a member of the House under paragraph 2 of the Tenth
+Schedule shall also be disqualified to hold any remunerative political post for
+duration of the period commencing from the date of his disqualification till the
+date on which the term of his office as such member would expire or till the
+date on which he contests an election to a House and is declared elected,
+whichever is earlier.
+Explanation. — For the purposes of this article,—
+(a) the expression “House” has the meaning assigned to it in clause
+(a) of paragraph 1 of the Tenth Schedule;
+(b) the expression “remunerative political post” means any office—
+(i) under the Government of India or the Government of a
+State where the salary or remuneration for such office is paid
+out of the public revenue of the Government of India or the
+Government of the State, as the case may be; or
+(ii) under a body, whether incorporated or not, which is
+wholly or partially owned by the Government of India or the
+Government of State, and the salary or remuneration for such
+office is paid by such body,
+except where such salary or remuneration paid is compensatory in nature.
 362. [Rights and privileges of Rulers of Indian States.] Rep. by the
 Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
 

PART5.txt

@@ -333,11 +333,23 @@ Ministers to the President shall not be inquired into in any court.
 75. Other provisions as to Ministers.—(1) The Prime Minister shall be
 appointed by the President and the other Ministers shall be appointed by the
 President on the advice of the Prime Minister.
+(1A) The total number of Ministers, including the Prime Minister, in the
+Council of Ministers shall not exceed fifteen per cent. of the total number of
+members of the House of the People.
 
 31
 
 THE CONSTITUTION OF INDIA
 
+(1B) A member of either House of Parliament belonging to any political
+party who is disqualified for being a member of that House under paragraph 2 of
+the Tenth Schedule shall also be disqualified to be appointed as a Minister unde
+r
+clause (1) for duration of the period commencing from the date of his
+disqualification till the date on which the term of his office as such member
+would expire or where he contests any election to either House of Parliament
+before the expiry of such period, till the date on which he is declared elected,
+whichever is earlier.
 (2) The Ministers shall hold office during the pleasure of the President.
 (3) The Council of Ministers shall be collectively responsible to the House
 of the People.

PART6.txt

@@ -121,6 +121,31 @@ classes or any other work.
 
 THE CONSTITUTION OF INDIA
 
+(1A) The total number of Ministers, including the Chief Minister, in the
+Council of Ministers in a State shall not exceed fifteen per cent. of the total
+number of members of the Legislative Assembly of that State:
+Provided that the number of Ministers, including the Chief Minister in a
+State shall not be less than twelve:
+Provided further that where the total number of Ministers including the
+Chief Minister in the Council of Ministers in any State at the commencement of
+the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen
+per cent. or the number specified in the first proviso, as the case may be, then
+the total number of Ministers in that State shall be brought in conformity with
+the provisions of this clause within six months from such date as the Preside
+nt
+may by public notification appoint.
+(1B) A member of the Legislative Assembly of a State or either House of
+the Legislature of a State having Legislative Council belonging to any political
+party who is disqualified for being a member of that House under paragraph 2
+of the Tenth Schedule shall also be disqualified to be appointed as a Minister
+under clause (1) for duration of the period commencing from the date of his
+disqualification till the date on which the term of his office as such member
+would expire or where he contests any election to the Legislative Assembly of
+a State or either House of the Legislature of a State having Legislative Council
+,
+as the case may be, before the expiry of such period, till the date on which he 
+is
+declared elected, whichever is earlier.
 (2) The Council of Ministers shall be collectively responsible to the
 Legislative Assembly of the State.
 (3) Before a Minister enters upon his office, the Governor shall

SCHEDULE10.txt

@@ -6,8 +6,7 @@ Provisions as to disqualification on ground of defection
 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 
+paragraph 2 or paragraph 4, means the group consisting of all the
-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,
@@ -15,7 +14,7 @@ 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
+provisions of paragraphs 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
@@ -70,23 +69,6 @@ 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