What is Article 361B of Indian Constitution – Defination & Meaning

Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
📅 Part XIX – Miscellaneous
🏷️Active

📚 UPSC Relevant

Article Number

361B

part

Part XIX – Miscellaneous

Status

Active

Bare Acts Text

Article 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
      • (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.
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Full Definition & Explanation

Article 361B of the Indian Constitution addresses the disqualification of members of the House who belong to any political party. This article states that if a member is disqualified from being part of the House under section 2 of the Tenth Schedule, they also cannot hold any remunerative political posts. This means that while they are disqualified, they cannot receive a salary or remuneration from the government or related bodies. The disqualification lasts from the date of their removal until either their term ends or until they are elected again. This article impacts members of the House significantly. If a member faces disqualification, they lose not only their position but also any political roles that come with pay. The only exception to this rule is when the salary or remuneration is compensatory in nature. For example, if a member is disqualified for switching parties, they will not be able to receive payments from government posts until they are reinstated through an election. This provision ensures that members of the House are accountable for their actions. It serves as a deterrent against party-switching, which can undermine the democratic process. By disallowing disqualified individuals from holding remunerative posts, the Constitution aims to maintain integrity in political positions and ensure that those in power represent the will of the electorate.

Historical Context

This article states that if a member is disqualified from being part of the House under section 2 of the Tenth Schedule, they also cannot hold any remunerative political posts. This means that while they are disqualified, they cannot receive a salary or remuneration from the government or related bodies. The disqualification lasts from the date of their removal until either their term ends or until they are elected again. This article impacts members of the House significantly. Article 361B of the Indian Constitution addresses the disqualification of members of the House who belong to any political party. If a member faces disqualification, they lose not only their position but also any political roles that come with pay.

Key Features

– Disqualification applies to members of the House from any political party.
– It affects those disqualified under the Tenth Schedule.
– Members cannot hold remunerative political posts during disqualification.
– The disqualification lasts until their term ends or they are re-elected.
– Exceptions exist for compensatory salary or remuneration positions.

Importance & Impact

– It holds members accountable for party loyalty and integrity
– Prevents misuse of political positions for personal gain
– Encourages stability within the political system
– Deters party-switching by imposing financial penalties
– Maintains the trust of the electorate in political representatives

Sample UPSC Question

Which of the following statements about Article 361B is correct? A) It allows members to switch parties without consequences. B) It disqualifies members from remunerative posts upon disqualification. C) Disqualification lasts indefinitely until further notice. D) It applies only to members of the ruling party. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is B. Article 361B clearly states that a member disqualified under paragraph 2 of the Tenth Schedule is also disqualified from holding remunerative political posts until their term ends or they are re-elected. Article 361B of the Indian Constitution addresses the disqualification of members of the House who belong to any political party.

Key Takeaways

✓ Members lose political posts when disqualified from the House.
✓ Disqualification lasts until a new election or term end.
✓ Compensatory salary is an exception to disqualification
✓ The article encourages political accountability among representatives
✓ It aims to maintain public trust in elected officials.

FAQs

Article 361B of the Indian Constitution addresses the disqualification of members of the House who belong to any political party. This article states that if a member is disqualified from being part of the House under section 2 of the Tenth Schedule, they also cannot hold any remunerative political posts. This means that while they are disqualified, they cannot receive a salary or remuneration from the government or related bodies.

If a member faces disqualification, they lose not only their position but also any political roles that come with pay. The only exception to this rule is when the salary or remuneration is compensatory in nature. For example, if a member is disqualified for switching parties, they will not be able to receive payments from government posts until they are reinstated through an election.

This provision ensures that members of the House are accountable for their actions. It serves as a deterrent against party-switching, which can undermine the democratic process. By disallowing disqualified individuals from holding remunerative posts, the Constitution aims to maintain integrity in political positions and ensure that those in power represent the will of the electorate.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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