173 lines
9.3 KiB
Plaintext
173 lines
9.3 KiB
Plaintext
TENTH SCHEDULE
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[Articles 102(2) and 191(2)]
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Provisions as to disqualification on ground of defection
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1. Interpretation.—In this Schedule, unless the context otherwise requires,—
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(a) "House" means either House of Parliament or the Legislative
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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 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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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 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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(b) if he votes or abstains from voting in such House contrary to
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any direction issued by the political party to which he belongs or by any
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person or authority authorised by it in this behalf, without obtaining, in
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either case, the prior permission of such political party, person or
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authority and such voting or abstention has not been condoned by such
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political party, person or authority within fifteen days from the date of
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such voting or abstention.
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Explanation.—For the purposes of this sub-paragraph,—
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(a) an elected member of a House shall be deemed to belong to
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the political party, if any, by which he was set up as a candidate for
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election as such member;
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(b) a nominated member of a House shall,—
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(i) where he is a member of any political party on the date
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of his nomination as such member, be deemed to belong to such
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political party;
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296
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297
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THE CONSTITUTION OF INDIA
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(ii) in any other case, be deemed to belong to the political
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party of which he becomes, or, as the case may be, first becomes,
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a member before the expiry of six months from the date on which
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he takes his seat after complying with the requirements of article
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99 or, as the case may be, article 188.
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(2) An elected member of a House who has been elected as such otherwise
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than as a candidate set up by any political party shall be disqualified for bein
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g a
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member of the House if he joins any political party after such election.
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(3) A nominated member of a House shall be disqualified for being a
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member of the House if he joins any political party after the expiry of six
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months from the date on which he takes his seat after complying with the
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requirements of article 99 or, as the case may be, article 188.
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(4) Notwithstanding anything contained in the foregoing provisions of
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this paragraph, a person who, on the commencement of the Constitution (Fiftyseco
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nd Amendment) Act, 1985, is a member of a House (whether elected or
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nominated as such) shall,—
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(i) where he was a member of political party immediately before
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such commencement, be deemed, for the purposes of sub-paragraph (1)
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of this paragraph, to have been elected as a member of such House as a
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candidate set up by such political party;
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(ii) in any other case, be deemed to be an elected member of the
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House who has been elected as such otherwise than as a candidate set up
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by any political party for the purposes of sub-paragraph (2) of this
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paragraph or, as the case may be, be deemed to be a nominated member
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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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*
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*
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4. Disqualification on ground of defection not to apply in case of
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merger.—(1) A member of a House shall not be disqualified under subparagraph (
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1) of paragraph 2 where his original political party merges with
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another political party and he claims that he and any other members of his
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original political party—
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(a) have become members of such other political party or, as the
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case may be, of a new political party formed by such merger; or
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(b) have not accepted the merger and opted to function as a
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separate group,
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and from the time of such merger, such other political party or new political
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party or group, as the case may be, shall be deemed to be the political party to
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which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to
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be his original political party for the purposes of this sub-paragraph.
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298
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THE CONSTITUTION OF INDIA
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(2) For the purposes of sub-paragraph (1) of this paragraph, the merger
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of the original political party of a member of a House shall be deemed to have
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taken place if, and only if, not less than two-thirds of the members of the
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legislature party concerned have agreed to such merger.
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5. Exemption.—Notwithstanding anything contained in this Schedule, a
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person who has been elected to the office of the Speaker or the Deputy Speaker
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of the House of the People or the Deputy Chairman of the Council of States or
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the Chairman or the Deputy Chairman of the Legislative Council of a State or
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the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall
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not be disqualified under this Schedule,—
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(a) if he, by reason of his election to such office, voluntarily gives
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up the membership of the political party to which he belonged
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immediately before such election and does not, so long as he continues
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to hold such office thereafter, rejoin that political party or become a
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member of another political party; or
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(b) if he, having given up by reason of his election to such office his
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membership of the political party to which he belonged immediately before
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such election, rejoins such political party after he ceases to hold such office.
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6. Decision on questions as to disqualification on ground of
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defection.—(1) If any question arises as to whether a member of a House has
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become subject to disqualification under this Schedule, the question shall be
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referred for the decision of the Chairman or, as the case may be, the Speaker of
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such House and his decision shall be final:
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Provided that where the question which has arisen is as to whether the
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Chairman or the Speaker of a House has become subject to such disqualification,
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the question shall be referred for the decision of such member of the House as t
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he
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House may elect in this behalf and his decision shall be final.
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(2) All proceedings under sub-paragraph (1) of this paragraph in relation
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to any question as to disqualification of a member of a House under this
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Schedule shall be deemed to be proceedings in Parliament within the meaning
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of article 122 or, as the case may be, proceedings in the Legislature of a State
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within the meaning of article 212.
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*7. Bar of jurisdiction of courts.—Notwithstanding anything in this
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Constitution, no court shall have any jurisdiction in respect of any matter
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connected with the disqualification of a member of a House under this Schedule.
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______________________________________________
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* Paragraph 7 declared invalid for want of ratification in accordance with the p
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roviso to clause (2) of
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article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and others (
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1992) 1 S.C.C .
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309.
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299
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THE CONSTITUTION OF INDIA
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8. Rules.—(1) Subject to the provisions of sub-paragraph (2) of this
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paragraph, the Chairman or the Speaker of a House may make rules for giving
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effect to the provisions of this Schedule, and in particular, and without
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prejudice to the generality of the foregoing, such rules may provide for—
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(a) the maintenance of registers or other records as to the political
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parties, if any, to which different members of the House belong;
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(b) the report which the leader of a legislature party in relation to a
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member of a House shall furnish with regard to any condonation of the
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nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in
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respect of such member, the time within which and the authority to
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whom such report shall be furnished;
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(c) the reports which a political party shall furnish with regard to
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admission to such political party of any members of the House and the
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officer of the House to whom such reports shall be furnished; and
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(d) the procedure for deciding any question referred to in subparagraph (1) of p
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aragraph 6 including the procedure for any inquiry
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which may be made for the purpose of deciding such question.
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(2) The rules made by the Chairman or the Speaker of a House under
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sub-paragraph (1) of this paragraph shall be laid as soon as may be after they
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are made before the House for a total period of thirty days which may be
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comprised in one session or in two or more successive sessions and shall take
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effect upon the expiry of the said period of thirty days unless they are sooner
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approved with or without modifications or disapproved by the House and
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where they are so approved, they shall take effect on such approval in the form
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in which they were laid or in such modified form, as the case may be, and
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where they are so disapproved, they shall be of no effect.
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(3) The Chairman or the Speaker of a House may, without prejudice to
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the provisions of article 105 or, as the case may be, article 194, and to any ot
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her
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power which he may have under this Constitution direct that any wilful
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contravention by any person of the rules made under this paragraph may be
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dealt with in the same manner as a breach of privilege of the House.
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