Part XIX - Miscellaneous • Article

Article 361B Simplified: Disqualification for appointment on remunerative political post

Article 361B deals with disqualification for appointment on remunerative political post. It identifies the constitutional power, limit, duty, or process for this subject and should be read with the exact official wording.

Official Text

A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier. Explanation.- For the purposes of this article,- (a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule; (b) the expression “remunerative political post” means any office- (i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or ISCELLANEOUS ) (ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of State, and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature.]

Simple Meaning

Explain Like Ten

If a politician gets kicked out of Parliament or the State Assembly for betraying their party (defecting), they are not allowed to be rewarded with any paid government jobs until their term is over or they win a new election.

Student Mode

Inserted by the 91st Constitutional Amendment Act of 2003. Prevents political opportunism by disqualifying any member of Parliament or a State Legislature who has been disqualified under the Tenth Schedule (Anti-Defection Law) from holding any remunerative political post. This disqualification lasts from the date of defection until the expiration of their term, or until they contest and win a fresh election, whichever is earlier.

Example

If a public authority or citizen has a question about disqualification for appointment on remunerative political post, Article 361B is the first constitutional place to check before moving to statutes or case law.

Key Takeaway

Article 361B is the constitutional reference point for disqualification for appointment on remunerative political post.

FAQs

What is considered a 'remunerative political post' under Article 361B?

It means: (1) any office under the Central or State Government where the salary is paid out of the public revenue, or (2) any office under a government-owned corporation or body where the salary is paid by that body, except where the remuneration is purely compensatory in nature.

Can a disqualified defector be appointed as a Minister?

No. A ministerial post is a remunerative political post paid from the public revenue. Under Article 361B, a disqualified defector is barred from becoming a minister until they win a fresh election or their original legislative term expires.

Quiz

Which amendment inserted Article 361B, banning defectors from holding remunerative political posts?

Answer: 91st Amendment

A disqualified member under Article 361B is barred from remunerative political posts until:

Answer: They win a fresh election or their original legislative term expires