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THE CONSTITUTION (THIRTY-THIRD AMENDMENT) ACT, 1974

Statement of Objects and Reasons appended to the Constitution
      (Thirty-fifth Amendment) Bill, 1974 which was enacted as
         the Constitution (Thirty-third Amendment) Act, 1974

STATEMENT OF OBJECTS AND REASONS

Articles  101  (3)  (b) and 190(3) (b) of the  Constitution  permit  a
member  of  either House of Parliament or a member of a House  of  the
Legislature  of  a State to resign his seat by writing under his  hand
addressed  to the Speaker or the Chairman, as the case may be.  In the
recent  past,  there have been instances where coercive measures  have
been  resorted to for compelling members of a Legislative Assembly  to
resign  their  membership.   If this is not checked, it  might   become
difficult  for  Legislatures  to  function   in   accordance  with  the
provisions  of  the Constitution.  It is, therefore proposed to  amend
the above two articles to impose a requirement as to acceptance of the
resignation  by  the Speaker or the Chairman and to provide  that  the
resignation shall not be accepted by the Speaker or the Chairman if he
is  satisfied  after  making such inquiry as he thinks  fit  that   the
resignation is not voluntary or genuine.

2. The Bill seeks to achieve the above object.

NEW DELHI; H. R. GOKHALE.

The 2nd May, 1974.

THE CONSTITUTION (THIRTY-THIRD AMENDMENT) ACT, 1974

[19th May, 1974.]

An Act further to amend the Constitution of India.

BE  it enacted by Parliament in the Twenty-fifty Year of the  Republic
of India as follows:---

1.  Short title.-This Act may be called the Constitution (Thirty-third
Amendment) Act, 1974.

2.   Amendment  of article 101.-In article 101 of the Constitution,
in clause (3),-

(1) for sub-clause (b), the following sub-clause shall be substituted,
namely:-

"(b)  resigns  his  seat by writing under his hand  addressed  to  the
Chairman  or  the Speaker, as the case may be, and his resignation  is
accepted by the Chairman or the Speaker, as the case may be,";

(2) the following proviso shall be inserted at the end, namely:-

"Provided  that  in  the case of any resignation referred to  in  sub-
clause (b), if from information received or otherwise and after making
such  inquiry  as he thinks fit, the Chairman or the Speaker,  as  the
case  may  be, is satisfied that such resignation is not voluntary  or
genuine, he shall not accept such resignation.".

3.   Amendment of article 190.-In article 190 of the Constitution,  in
clause (3),-

(1) for sub-clause (b), the following sub-clause shall be substituted,
namely:-

"(b)  resigns  his  seat by writing under his hand  addressed  to  the
Speaker  or  the Chairman, as the case may be, and his resignation  is
accepted by the Speaker or the Chairman, as the case may be,";

(2) the following proviso shall be inserted at the end, namely:-

"Provided  that  in  the case of any resignation referred to  in  sub-
clause (b), if from information received or otherwise and after making
such  inquiry  as he thinks fit, the speaker or the chairman,  as  the
case  may  be, is satisfied that such resignation is not voluntary  or
genuine, he shall not accept such resignation.".


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