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 2 ***
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 3 [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
(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;
(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 being 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 (Fifty-second
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. Omitted in 2003
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.
(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 the 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
Not withstanding 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.
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 paragraph 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 other
power which he may have under this Constitution direct that any willful
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.
Vaishak O