Home The Constitution Part XIX Article 361B

Art. 361B Part XIX: Miscellaneous

Disqualification for Appointment on Remunerative Political Post

Exact text — Constitution of India

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 if he contests any election to the House of Parliament or of the Legislature of a State before the expiry of such period, till the date on which he is declared elected, whichever is earlier. [Added by the 91st Amendment, 2003]

In Plain English

What this Article actually means

Added in 2003 to close a specific defection-related loophole, this Article ensures that a legislator disqualified under the Tenth Schedule's anti-defection rules can't simply be rewarded with a lucrative political appointment (like a ministerial-rank advisory position) as a workaround — the disqualification extends to blocking such remunerative political posts too, until they're either re-elected or their original term would have ended anyway.

Why This Matters To You

How it shows up in everyday life

This Article prevents a specific political maneuver: defecting from your party, getting disqualified under the anti-defection law, but then being 'compensated' with a well-paid government advisory or political post as a reward — this Article specifically blocks that end-run around the anti-defection framework's intent.

Read alongside this one

Art. 191 — Vacation and Disqualification of Seats

Frequently Asked

Quick answers about Article 361B

What counts as a 'remunerative political post' under this Article?

Generally, government advisory or political-appointment positions carrying a salary or perks and connected to political patronage — the exact boundaries have been the subject of some interpretive debate, but the intent is clearly to block political rewards for defection.

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The text above reproduces Article 361B of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.