[361B. Disqualification for appointment on remunerative political
post.—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
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1. Art. 361A ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42
(w.e.f. 20-6-1979).
2. Art. 361B ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4
(w.e.f. 1-1-2004).
221 THE CONSTITUTION OF INDIA
(Part XIX.—MISCELLANEOUS)
(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.]
362. [Rights and privileges of Rulers of Indian States.].—Omitted by the
Constitution (Twenty-sixth Amendment) Act, 1971, s. 2 (w.e.f. 28-12-1971).
