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.'.