Article 361B

Disqualification of Defecting Legislators from Remunerative Political Posts

Official heading: “Disqualification for appointment on remunerative political post”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XIX, Article 361B, printed pages 220–221
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Disqualifies any member disqualified under the Anti-Defection Law from holding any remunerative political post until the end of their term or re-election.

2. What It Means in Everyday Language

Inserted by the Constitution (Ninety-first Amendment) Act, 2003, Article 361B was enacted to combat political horse-trading and curb unprincipled defections.

Under the Tenth Schedule (Anti-Defection Law), legislators who defect from their party are disqualified from membership.

Article 361B adds a critical financial and executive sanction: any legislator disqualified under paragraph 2 of the Tenth Schedule is also disqualified from holding any "remunerative political post" (such as a minister, board chairman, or public corporation head carrying government salary or remuneration).

This ban persists from the date of disqualification until the expiration of the term for which they were elected, or until they contest and win re-election to the House, whichever is earlier.

3. Practical Illustrative Example

Everyday Scenario:

A sitting MLA defects from their party, is disqualified by the Speaker under the Tenth Schedule, and seeks immediate appointment as the paid chairman of a state mining board.

Core takeaway: Under Article 361B, the defecting MLA is constitutionally barred from receiving any paid political office until they stand for and win re-election.

Illustrative Notice: The disqualification ends if the individual contests an election to the legislative chamber and is successfully re-elected by voters.

4. Important Limits, Qualifications & Exceptions

Article 361B prevents defecting legislators from trading party loyalty for ministerial patronage.

Anti-corruption mechanism: Closes the loophole where defectors resigned to take lucrative executive appointments.
Definition of remunerative post: Includes any office under the Union or State carrying salary, allowances, or executive remuneration.
Duration: Applies until term expiry or successful re-election to the legislative chamber.

5. Operative Constitutional 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 where he contests any election to the House of the People or the Legislative Assembly of a State or Either House of the Legislature of a State, as the case may be, before the expiration of such period, till the date on which he 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 (ii) under a body, whether incorporated or not, which is wholly or substantially owned or controlled by the Government of India or the Government of a 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XIX, Article 361B, printed pages 220–221 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource