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This is an archive article published on May 31, 2006

To save MPs, office-of-profit list to be expanded

The Union Cabinet today decided to amend Section 3 of the Prevention of Disqualification of MPs Act, 1959 by which the list of offices that are to be exempted from the office-of-profit category can be expanded to bail out the 40 MPs across the political spectrum.

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Instead of a constitutional amendment, the Union Cabinet today decided to amend Section 3 of the Prevention of Disqualification of MPs Act, 1959 by which the list of offices that are to be exempted from the office-of-profit category can be expanded to bail out the 40 MPs across the political spectrum — including Lok Sabha Speaker Somnath Chatterjee — against whom petitions are pending.

It is understood that the draft of the law prepared seeks to exempt the National Advisory Council (NAC) chairmanship from which Sonia Gandhi had resigned along with her Lok Sabha seat on March 23 facing disqualification petitions filed by the BJP and the TDP.

Prior to the Cabinet meeting, Sonia had a meeting with senior Congress leaders at her residence amidst reports that she was averse to inclusion of NAC chairmanship in the proposed law. There was no finality about the issue and there was also no indication whether she was going to occupy the post again.

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As for the list of offices-of-profit that would feature in the expanded list, Parliamentary Affairs and I&B Minister Priya Ranjan Dasmunsi said, ‘‘It will be prepared within the next two days in consultation with the other political parties.’’

Defence Minister Pranab Mukherjee has been once again entrusted to hold further talks with political parties along with Law Minister H R Bhardwaj to draw up the list, which will then be incorporated in the draft Bill by the Law Ministry.

‘‘Once the list is ready, it will be deemed to be approved by the Cabinet, which has considered and approved limited amendment to the Prevention of Disqualification Act, 1959. The Bill is likely to come up in the next week of the short nine-day (post-recess) Budget session,’’ he said.

Earlier in the day, the Left parties — key UPA allies — said they were in favour of expanding the list of offices exempted from the ‘profit’ category even as the main opposition BJP made it clear that it was against ‘‘any dilution’’ of the constitutional provision.

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In fact, the first indication that such a move being contemplated came from Speaker Chatterjee when he made it clear that he would not chair the session if the Bill directly referred to the post he was holding.

Following the all-party meeting which he hosted a day before the post-recess Budget session today, the Speaker said, ‘‘If any subject is discussed in which the presiding officer is interested, there are well-established conventions.’’

Making the Left’s view on the matter clear, CPI-M’s parliamentary party leader Basudev Acharya said, ‘‘We are in favour of expanding the list of office exempted from the office-of-profit category. After that, a special parliamentary committee can be set to redefine the office-of-profit, separate legislative and executive powers and look into the matter whether MPs should hold non-legislative offices.’’

The BJP clearly opposed ‘‘any dilution of the constitutional provision that defines office-of-profit.’’ ‘‘Our party will take a final stand on the Bill only after looking at the draft Bill. We want the list of exempted office to be expanded through rephrasing without tampering with the constitutional provisions,’’ BJP’s deputy leader in the Lok Sabha V K Malhotra said.

Other Bills to be introduced

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The OBC quota Bill is equally controversial with anti-reservation agitations snowballing in the country. The Bill envisages 27 per cent reservation of seats for the OBCs in all educational institutions.

The National Judicial Council (NJC) Bill envisages a council with the CJI as the ex officio chairman. It will hear complaints against errant judges. It proposes a ‘‘pre-impeachment’’ procedure to remove a judge.

A witnesses protection Bill has assumed significance especially after the Best Bakery and Jessica Lal cases. This involves amendments in Criminal Procedure Code, Indian Penal Code and the Indian Evidence Act.

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