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The Constitution of India in English 2026: page 377

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 377, 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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346                   THE CONSTITUTION OF INDIA
                                  (Tenth Schedule)

                       (i) where he is a member of any political party on the date
               of his nomination as such member, be deemed to belong to such
               political party;
                       (ii) in any other case, be deemed to belong to the political
               party of which he becomes, or, as the case may be, first becomes,
               a member before the expiry of six months from the date on which
               he takes his seat after complying with the requirements of article
               99 or, as the case may be, article 188.
       (2) An elected member of a House who has been elected as such otherwise
than as a candidate set up by any political party shall be disqualified for being a
member of the House if he joins any political party after such election.
       (3) A nominated member of a House shall be disqualified for being a
member of the House if he joins any political party after the expiry of six
                                                      e
                                                     od
months from the date on which he takes his seat after complying with the
requirements of article 99 or, as the case may be, article 188.
                                            aC
       (4) Notwithstanding anything contained in the foregoing provisions of
this paragraph, a person who, on the commencement of the Constitution (Fifty-
                                         di
second Amendment) Act, 1985, is a member of a House (whether elected or
nominated as such) shall,—           In
               (i) where he was a member of political party immediately before
       such commencement, be deemed, for the purposes of sub-paragraph (1)
       of this paragraph, to have been elected as a member of such House as a
       candidate set up by such political party;
               (ii) in any other case, be deemed to be an elected member of the
       House who has been elected as such otherwise than as a candidate set up
       by any political party for the purposes of sub-paragraph (2) of this
       paragraph or, as the case may be, be deemed to be a nominated member
       of the House for the purposes of sub-paragraph (3) of this paragraph.
       1
        *                  *               *             *               *
       4. Disqualification on ground of defection not to apply in case of
merger.— (1) A member of a House shall not be disqualified under
sub-paragraph (1) of paragraph 2 where his original political party merges with
another political party and he claims that he and any other members of his
original political party—
               (a) have become members of such other political party or, as the
       case may be, of a new political party formed by such merger; or
               (b) have not accepted the merger and opted to function as a
       separate group,

1. Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5
   (w.e.f. 1-1-2004).

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