AMENDMENT_91_01012004
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PART19.txt
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PART19.txt
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@ -50,7 +50,27 @@ means of a broadcasting station as it applies in relation to reports or matters
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published in a newspaper.
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Explanation.—In this article, “newspaper” includes a news agency report
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containing material for publication in a newspaper.
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361B. Disqualification for appointment on remunerative political
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post.—A member of a House belonging to any political party who is
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disqualified for being a member of the House under paragraph 2 of the Tenth
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Schedule shall also be disqualified to hold any remunerative political post for
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duration of the period commencing from the date of his disqualification till the
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date on which the term of his office as such member would expire or till the
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date on which he contests an election to a House and is declared elected,
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whichever is earlier.
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Explanation. — For the purposes of this article,—
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(a) the expression “House” has the meaning assigned to it in clause
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(a) of paragraph 1 of the Tenth Schedule;
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(b) the expression “remunerative political post” means any office—
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(i) under the Government of India or the Government of a
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State where the salary or remuneration for such office is paid
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out of the public revenue of the Government of India or the
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Government of the State, as the case may be; or
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(ii) under a body, whether incorporated or not, which is
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wholly or partially owned by the Government of India or the
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Government of State, and the salary or remuneration for such
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office is paid by such body,
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except where such salary or remuneration paid is compensatory in nature.
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362. [Rights and privileges of Rulers of Indian States.] Rep. by the
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Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
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12
PART5.txt
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PART5.txt
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@ -333,11 +333,23 @@ Ministers to the President shall not be inquired into in any court.
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75. Other provisions as to Ministers.—(1) The Prime Minister shall be
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appointed by the President and the other Ministers shall be appointed by the
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President on the advice of the Prime Minister.
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(1A) The total number of Ministers, including the Prime Minister, in the
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Council of Ministers shall not exceed fifteen per cent. of the total number of
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members of the House of the People.
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31
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THE CONSTITUTION OF INDIA
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(1B) A member of either House of Parliament belonging to any political
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party who is disqualified for being a member of that House under paragraph 2 of
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the Tenth Schedule shall also be disqualified to be appointed as a Minister unde
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r
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clause (1) for duration of the period commencing from the date of his
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disqualification till the date on which the term of his office as such member
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would expire or where he contests any election to either House of Parliament
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before the expiry of such period, till the date on which he is declared elected,
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whichever is earlier.
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(2) The Ministers shall hold office during the pleasure of the President.
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(3) The Council of Ministers shall be collectively responsible to the House
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of the People.
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25
PART6.txt
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PART6.txt
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@ -121,6 +121,31 @@ classes or any other work.
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THE CONSTITUTION OF INDIA
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(1A) The total number of Ministers, including the Chief Minister, in the
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Council of Ministers in a State shall not exceed fifteen per cent. of the total
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number of members of the Legislative Assembly of that State:
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Provided that the number of Ministers, including the Chief Minister in a
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State shall not be less than twelve:
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Provided further that where the total number of Ministers including the
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Chief Minister in the Council of Ministers in any State at the commencement of
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the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen
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per cent. or the number specified in the first proviso, as the case may be, then
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the total number of Ministers in that State shall be brought in conformity with
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the provisions of this clause within six months from such date as the Preside
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nt
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may by public notification appoint.
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(1B) A member of the Legislative Assembly of a State or either House of
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the Legislature of a State having Legislative Council belonging to any political
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party who is disqualified for being a member of that House under paragraph 2
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of the Tenth Schedule shall also be disqualified to be appointed as a Minister
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under clause (1) for duration of the period commencing from the date of his
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disqualification till the date on which the term of his office as such member
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would expire or where he contests any election to the Legislative Assembly of
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a State or either House of the Legislature of a State having Legislative Council
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,
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as the case may be, before the expiry of such period, till the date on which he
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is
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declared elected, whichever is earlier.
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(2) The Council of Ministers shall be collectively responsible to the
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Legislative Assembly of the State.
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(3) Before a Minister enters upon his office, the Governor shall
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@ -6,8 +6,7 @@ Provisions as to disqualification on ground of defection
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Assembly or, as the case may be, either House of the Legislature of a State;
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(b) "legislature party", in relation to a member of a House
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belonging to any political party in accordance with the provisions of
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paragraph 2 or paragraph 3 or, as the case may be, paragraph 4, means the group
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consisting of all the
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paragraph 2 or paragraph 4, means the group consisting of all the
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members of that House for the time being belonging to that political
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party in accordance with the said provisions;
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(c) "original political party", in relation to a member of a House,
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@ -15,7 +14,7 @@ means the political party to which he belongs for the purposes of subparagraph (
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1) of paragraph 2;
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(d) "paragraph" means a paragraph of this Schedule.
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2. Disqualification on ground of defection.—(1) Subject to the
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provisions of paragraphs 3, 4 and 5, a member of a House belonging to any
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provisions of paragraphs 4 and 5, a member of a House belonging to any
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political party shall be disqualified for being a member of the House—
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(a) if he has voluntarily given up his membership of such political
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party; or
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@ -70,23 +69,6 @@ of the House for the purposes of sub-paragraph (3) of this paragraph.
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*
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*
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*
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3. Disqualification on ground of defection not to apply in case of split.- Where
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a member of a House makes a claim that he and any other members of his legislat
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ure party constitute the group representing a faction which has arisen as a resu
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lt of a split in his original political party and such group consists of not les
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s than one-third of the members of such legislature party,-
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(a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the g
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round-
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(i) that he has voluntarily given up his membership of his original political pa
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rty; or
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(ii) that he has voted or abstained from voting in such House contrary to any di
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rection issued by such party or by any person or authority authorised by it in t
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hat behalf without obtaining the prior permission of such party, person or autho
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rity and such voting or abstention has not been condoned by such party, person o
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r authority within fifteen days from the date of such voting or abstention; and
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(b) from the time of such split, such faction shall be deemed to be the politica
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l party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2
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and to be his original political party for the purposes of this paragraph.
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*
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*
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4. Disqualification on ground of defection not to apply in case of
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