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The Constitution of India in English 2026: page 376

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 376, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.

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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.

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                              1
                               [TENTH SCHEDULE
                            [Articles 102(2) and 191(2)]
                Provisions as to disqualification on ground of defection
       1. Interpretation.—In this Schedule, unless the context otherwise requires,—
               (a) "House" means either House of Parliament or the Legislative
       Assembly or, as the case may be, either House of the Legislature of a State;
               (b) "legislature party", in relation to a member of a House
       belonging to any political party in accordance with the provisions of
       paragraph 2 or 2*** paragraph 4, means the group consisting of all the
       members of that House for the time being belonging to that political
       party in accordance with the said provisions;
               (c) "original political party", in relation to a member of a House,
                                                        e
       means the political party to which he belongs for the purposes of sub-
                                                   od
       paragraph (1) of paragraph 2;
                                               aC
               (d) "paragraph" means a paragraph of this Schedule.
       2. Disqualification on ground of defection.—(1) Subject to the
                                          di
provisions of 3[paragraphs 4 and 5], a member of a House belonging to any
                                       In
political party shall be disqualified for being a member of the House—
               (a) if he has voluntarily given up his membership of such political
       party; or
               (b) if he votes or abstains from voting in such House contrary to
       any direction issued by the political party to which he belongs or by any
       person or authority authorised by it in this behalf, without obtaining, in
       either case, the prior permission of such political party, person or
       authority and such voting or abstention has not been condoned by such
       political party, person or authority within fifteen days from the date of
       such voting or abstention.
       Explanation.—For the purposes of this sub-paragraph,—
               (a) an elected member of a House shall be deemed to belong to
       the political party, if any, by which he was set up as a candidate for
       election as such member;
               (b) a nominated member of a House shall,—



1. Tenth Schedule added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6
   (w.e.f. 1-3-1985).
2. Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5
   (w.e.f. 1-1-2004).
3. Subs. by s. 5, ibid., for "paragraphs 3, 4 and 5" (w.e.f. 1-1-2004).
                                         345

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