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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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