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The Constitution of India in English 2026: page 378

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 378, 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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347                    THE CONSTITUTION OF INDIA
                                   (Tenth Schedule)

and from the time of such merger, such other political party or new political
party or group, as the case may be, shall be deemed to be the political party to
which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to
be his original political party for the purposes of this sub-paragraph.
       (2) For the purposes of sub-paragraph (1) of this paragraph, the merger
of the original political party of a member of a House shall be deemed to have
taken place if, and only if, not less than two-thirds of the members of the
legislature party concerned have agreed to such merger.
       5. Exemption.—Notwithstanding anything contained in this Schedule, a
person who has been elected to the office of the Speaker or the Deputy Speaker
of the House of the People or the Deputy Chairman of the Council of States or
the Chairman or the Deputy Chairman of the Legislative Council of a State or
the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall
                                                        e
not be disqualified under this Schedule,—             od
              (a) if he, by reason of his election to such office, voluntarily gives
                                              aC
       up the membership of the political party to which he belonged
       immediately before such election and does not, so long as he continues
                                          di
       to hold such office thereafter, rejoin that political party or become a
                                       In
       member of another political party; or
              (b) if he, having given up by reason of his election to such office his
       membership of the political party to which he belonged immediately before
       such election, rejoins such political party after he ceases to hold such office.
       6. Decision on questions as to disqualification on ground of
defection.—(1) If any question arises as to whether a member of a House has
become subject to disqualification under this Schedule, the question shall be
referred for the decision of the Chairman or, as the case may be, the Speaker of
such House and his decision shall be final:
       Provided that where the question which has arisen is as to whether the
Chairman or the Speaker of a House has become subject to such disqualification,
the question shall be referred for the decision of such member of the House as the
House may elect in this behalf and his decision shall be final.
       (2) All proceedings under sub-paragraph (1) of this paragraph in relation
to any question as to disqualification of a member of a House under this
Schedule shall be deemed to be proceedings in Parliament within the meaning
of article 122 or, as the case may be, proceedings in the Legislature of a State
within the meaning of article 212.

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