Constitution Section 361B — Disqualification for appointment on remunerative political post

Part XIX — MISCELLANEOUS

Constitutional

Summary

A member of Parliament or a state legislature who has been disqualified from their seat under the anti-defection law is also barred from holding any paid political job. This ban lasts from the date of disqualification until either the date their original term would have ended, or the date they contest and win a new election, whichever comes first. A "remunerative political post" means any paid position under the central or state government, or under a government-owned body, where the salary comes from public funds—unless the payment is only to cover expenses.

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”hasthe 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

(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.