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This is an archive article published on May 31, 2006

NAC chief, Bengal posts out of bracket, no respite for Jaya

The National Advisory Council (NAC) chairperson’s post, held by Congress president Sonia Gandhi until March, and Speaker Somnath Chatterjee’s office at the Sriniketan Santiniketan Development Authority are two of the 45 posts exempted from the office-of-profit list in The Parliament (Prevention of Disqualification) Amendment Bill 2006.

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The National Advisory Council (NAC) chairperson’s post, held by Congress president Sonia Gandhi until March, and Speaker Somnath Chatterjee’s office at the Sriniketan Santiniketan Development Authority are two of the 45 posts exempted from the office-of-profit list in The Parliament (Prevention of Disqualification) Amendment Bill 2006.

A sizeable number of the exempted posts are in West Bengal from where many complaints were received.

A copy of the Bill, accessed by The Indian Express, shows that the “office of chairman, deputy chairman, secretary or member (by whatever name called) in any statutory or non-statutory body” have been brought under the exempted category through sub-section (k).

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While the Bill exempts SP MP Amar Singh’s office in the UP Development Council, it makes no mention of the UP Film Development Council post over which Jaya Bachchan was disqualified as a Rajya Sabha MP.

The office of the NAC chairperson, held by Sonia Gandhi, finds special provision in sub-section (i) (ad) which exempts “the office of the chairperson of the National Advisory Council constituted by the Government of India”.

In this context, a new provision, section 4 (l), has been introduced in the proposed Bill to be moved in Parliament under “special provisions as to validation and other matters”. It states: “Notwithstanding any judgment or order or any court or tribunal or any order or opinion of any other authority, the offices mentioned in clauses (ad), (k) (any statutory or non-statutory body), (l) (any trust whether public or private) and (m) (any society registered under the Societies Registration Act) shall not disqualify or shall be deemed never to have disqualified the holders thereof for being chosen as, or for being, a member of either House of Parliament”.

The “validation section” also provides “Nothing contained in sub-section (l) shall be construed as to entitle any person who has vacated a seat owing any order or judgment as aforesaid, to claim any re-instatement or any other claim in that behalf”.

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This makes it clear that Jaya cannot reclaim her position as RS member.

r.venkataraman@expressindia.com

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