Part XIX: Miscellaneous

Article 361B: Disqualification for Appointment on Remunerative Political Post

Original Article:

A disqualified member under paragraph 2 of the Tenth Schedule is barred from holding remunerative political posts until their term expires or they are re-elected to the legislature.

Explanations:

Article 361B aims to uphold legislative integrity by preventing members disqualified under anti-defection laws from benefitting through appointments to remunerative political positions.

Clause-by-Clause Explanation:

Key Provision:

The prohibition applies for the period starting from disqualification and ends either at the term’s natural expiration or upon re-election to a legislative body.

Definition of Remunerative Political Post:

Includes salaried roles under central or state governments or their affiliated bodies, excluding purely compensatory positions.

Historical Context:

Introduced by the Constitution (Ninety-first Amendment) Act, 2003, this article addresses concerns over misuse of government positions following legislative disqualification.

Real-Life Examples:

• A disqualified legislator being prevented from accepting a salaried post in a state-owned enterprise during their disqualification period.
• Ensuring political neutrality and preventing the rewarding of defectors through lucrative appointments.

References and Related Provisions:

Article 361B works alongside the Tenth Schedule to maintain political accountability and discourage defections.

Additional Insights on Article 361B:

Article 361B plays a pivotal role in ensuring that members of legislative Houses adhere to ethical standards. It directly targets those disqualified under anti-defection laws, aiming to prevent misuse of political influence for personal gain.

Legislative Background:

Enacted as part of the Constitution (Ninety-first Amendment) Act, 2003, Article 361B aligns with the anti-defection framework established in the Tenth Schedule. Its introduction followed widespread concerns about political instability caused by frequent defections, which often led to rewards in the form of political appointments.

Importance in Governance:

• Ensures political accountability and discourages opportunistic defections.
• Prevents disqualified members from benefiting through lucrative government roles.
• Supports stable and ethical governance by discouraging misuse of political influence.