Parliament again passes office of profit bill

The Indian parliament Monday passed the controversial office of profit bill - which was returned by President A.P.J. Abdul Kalam without giving his consent - in its original form.

The government brought the bill in its original form to the Lok Sabha Monday saying there was nothing unconstitutional about the law but the opposition alleged it wanted to save Congress chief Sonia Gandhi.

The bill was passed in the Rajya Sabha Friday. According to constitution, the president has now to give assent to the bill as both houses of parliament has passed it again.

Explaining the Congress-led United Progressive Alliance (UPA) government's stance on the bill, Science and Technology Minister Kapil Sibal said it decided to bring the bill again considering the message sent by the president.

"The president has asked the government to consider three main issues - whether a generic definition on office-of-profit could be evolved, what would be the fate of petitions filed before the Election Commission and why was the bill given retrospective effect," Sibal said while speaking on the Parliament (Prevention of Disqualification) Amendment Bill, 2006.

According to Sibal a generic, comprehensive definition that could be applied across the country was difficult as all MPs and legislators do not hold these posts in all states and at the centre.

"As per Article 102 of the Constitution, the government is well within its right to frame any law to declare any post as not being an office of profit," Sibal, a lawyer by profession, argued.

Sibal said the fate of the petitions pending before the poll panel could be decided according to new legislation. He also justified the retrospective clause saying there was nothing new in it.

Earlier, Law Minister H.R. Bharadwaj explained the issues raised by Kalam for reconsideration.

The bill, which seeks to exempt 56 posts from the purview of disqualification law relating to office of profit, had been passed by the Lok Sabha May 16 and by the Rajya Sabha May 17 in the wake of several petitions to the president, seeking disqualification of several MPs, including Lok Sabha Speaker Somnath Chatterjee.

However, when it was sent for the president's consent, Kalam had returned the bill May 30 for reconsideration so that "comprehensive and generic" criteria relating to offices of profit could be drawn up which were "fair and reasonable" and applicable in a "clear and transparent" manner across the states and union territories.

Kalam had also questioned a clause giving the bill retrospective effect.

The president also expressed his apprehension over the legality of passing legislation exempting offices of profit that are already under the Election Commission's scrutiny.

Accusing the Bharatiya Janata Party (BJP)-led opposition of making the issue "Sonia Gandhi-centric," the minister pointed out that the party-ruled states like Jharkhand had passed new legislation exempting various posts from being classified as office of profits.

Earlier, BJP leader Ananth Kumar alleged the government was acting in haste to protect Gandhi, whom he referred as "super prime minister".

The Congress chief had from the Lok Sabha following allegations were raised against her for holding the post of chairperson of National Advisory Council, only to return after winning a by-election from Rae Bareli with a record majority.

"With the majority they enjoy in parliament, they want to bulldoze and pass the bill with scant respect to the advice of the president," Kumar said.

During discussion, remarks by All India Majlis-e-Ittehadul Muslimmen's Asaduddin Owaisi about Gujarat Chief Minister Narendra Modi provoked the opposition who stalled the proceedings leading to adjournment of the house twice.

The office of profit controversy erupted after Samajwadi Party MP Jaya Bachchan was disqualified from the Rajya Sabha for holding an official post (chairperson of the Uttar Pradesh Film Development Corporation) along with her being a member of the Rajya Sabha.

The Election Commission recommended disqualification of Bachchan following a complaint by an Uttar Pradesh Congress leader who had lost the election against her to the upper house.

Article Source: http://www.share.onlypunjab.com

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