THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT, 1985

THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT, 1985

Statement of Objects and Reasons appended to the Constitution
(Fifty-second Amendment) Bill, 1985 (Bill No. 22 of 1985) which was
enacted as THE CONSTITUTION (Fifty-second Amendment) Act, 1985

STATEMENT OF OBJECTS AND REASONS

The evil of political defections has been a matter of national
concern. If it is not combated, it is likely to undermine the very
foundations of our democracy and the principles which sustain it.
With this object, an assurance was given in the Address by the
President to Parliament that the Government intended to introduce in
the current session of Parliament an anti-defection Bill. This Bill
is meant for outlawing defection and fulfilling the above assurance.

2. The Bill seeks to amend the Constitution to provide that an
elected member of Parliament or a State Legislature, who has been
elected as a candidate set up by a political party and a nominated
member of Parliament or a State Legislature who is a member of a
political party at the time he takes his seat or who becomes a member
of a political party within six months after he takes his seat would
be disqualified on the ground of defection if he voluntarily
relinquishes his membership of such political party or votes or
abstains from voting in such House contrary to any direction of such
party or is expelled from such party. An independent member of
Parliament or a State Legislature shall also be disqualified if he
joins any political party after his election. A nominated member of
Parliament or a State Legislature who is not a member of a political
party at the time of his nomination and who has not become a member of
any political party before the expiry of six months from the date on
which he takes his seat shall be disqualified if he joins any
political party after the expiry of the said period of six months.
The Bill also makes suitable provisions with respect to splits in, and
mergers of, political parties. A special provision has been included
in the Bill to enable a person who has been elected as the presiding
officer of a House to sever his connections with his political party.
The question as to whether a member of a House of Parliament or State
Legislature has become subject to the proposed disqualification will
be determined by the presiding officer of the House; where the
question is with reference to the presiding officer himself, it will
be decided by a member of the House elected by the House in that
behalf.

3. The Bill seeks to achieve the above objects.

NEW DELHI; A. K. SEN.

The 23rd January, 1985.

THE CONSTITUTION (FIFTY-SECOND AMENDMENT)
ACT, 1985

[15th February, 1985.]

An Act further to amend the Constitution of India.

BE it enacted Parliament in the Thirty-sixth Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-second Amendment) Act, 1985.

(2) It shall come into force on such date_671 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 101.-In article 101 of the Constitution, in
sub-clause (a) of clause (3), for the words, brackets and figures
"clause (1) of article 102", the words, brackets and figures "clause
(1) or clause (2) of article 102" shall be substituted.

3. Amendment of article 102.-In article 102 of the Constitution,-

(a) for the brackets, figure and words "(2) For the purposes of this
article", the words "Explanation.-For the purposes of this clause"
shall be substituted;

(b) the following clause shall be inserted at the end, namely:-

"(2) A person shall be disqualified for being a member of either House
of Parliament if he is so disqualified under the Tenth Schedule.".
4. Amendment of article 190.-In article 190 of the Constitution, in
sub-clause (a) of clause (3), for the words, brackets and figures
"clause (1) of article 191", the words, brackets and figures "clause
(1) or clause (2) of article 191" shall be substituted.

5. Amendment of article 191.-In article 191 of the Constitution,-

(a) for the brackets, figure and words "(2) For the purposes of this
article", the words "Explanation.- For the purposes of this clause"
shall be substituted;

(b) the following clause shall be inserted at the end, namely:-

"(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.".

6. Addition of Tenth Schedule.-After the Ninth Schedule to the
Constitution, the following Schedule shall be added, namely:--

6TENTH 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
sub-paragraph (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;

(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 a 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, 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 legislature party constitute the group representing as
faction which has arisen as a result of a split in his original
political party and such group consists of not less 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 ground-

(i) that he has voluntarily given up his membership of his original
political party; or

(ii) that he has voted or abstained from voting in such House contrary
to any direction issued by such party or by any person or authority
authorised by it in that behalf without obtaining the prior permission
of such party, person or authority and such voting or abstention has
not been condoned by such party, person or 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 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 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
sub-paragraph (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.-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.

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
sub-paragraph (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 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.'.