Issues with party hopping that lead to the amendment of the constitution 2022 (new provision added)

REFRENCES:

Amended (added new) provision:

--> Article 10 Clause 3A: Notwithstanding paragraph (c) of Clause (2) and Clause (3), the right to form associations conferred by paragraph (c) of clause (1) in relation to a member of the House of Representatives and Legislative Assembly of any State shall be subjected to restrictions imposed by Article 49A and Section 7A of the Eighth Schedule respectively.

Clause (2):

(2) Parliament may by law impose

(a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;

(b) on the right conferred by paragraph (b) of Clause (1), such restriction as it deems necessary or expedient in the interest of the security of the Federation or any part thereof or public order;

(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

Article 49A:

(1) Subject to the provisions of this Article, a member of the House of Representatives shall cease to be a member of that House and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under Clause (3) if

(a) having been elected to the House of Representatives as a member of a political party (i) he resigns as a member of the political party; or (ii) he ceases to be a member of the political party; or

(b) having been elected to the House of Representatives otherwise than as a member of a political party, he joins a political party as a member. (2) A member of the House of Representatives shall not cease to be a member of that House pursuant to this Article only by reason of (a) the dissolution or cancellation of the registration of his political party; (b) his resignation from the membership of his political party upon election as a Speaker; or (c) the expulsion of his membership of his political party.

(3) Whenever the Speaker receives written notice from any member of the House of Representatives on the occurrence of a casual vacancy among the members of the House of Representatives under this Article, the Speaker shall establish that there is such a casual vacancy and notify the Election Commission accordingly within twenty-one days from the date he received the written notice.

(4) For the purposes of holding an election under Article 54,a such casual vacancy shall be filled within sixty days from the date the Election Commission receives the notification from the Speaker.".

Article 7A:

(1) Subject to the provisions of this section, a member of the Legislative Assembly shall cease to be a member of that Legislative Assembly and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under subsection (3) if

(a) having been elected to the Legislative Assembly as a member of a political party (i) he resigns as a member of the political party; or (ii) he ceases to be a member of the political party; or (b) having been elected to the Legislative Assembly otherwise than as a member of a political party, he joins a political party as a member.

(2) A member of the Legislative Assembly shall not cease to be a member of that Legislative Assembly pursuant to this section only by reason of (a) the dissolution or cancellation of the registration of his political party; (b) his resignation from the membership of his political party upon election as a Speaker; or (c) the expulsion of his membership of his political party.

(3) Whenever the Speaker receives a written notice from any member of the Legislative Assembly on the occurrence of a casual vacancy among the members of the Legislative Assembly under this section, the Speaker shall establish that there is such a casual vacancy and notify the Election Commission accordingly within twenty one days from the date he received the written notice.

(4) For the purposes of holding an election under subsection (5) of section 9, such casual vacancy shall be filled within sixty days from the date the Election Commission receives the notification from the Speaker.".