Jaya Bachchan disqualified from RS

      New Delhi: President APJ Abdul Kalam on Friday approved the disqualification of Samajwadi Party (SP) member Jaya Bachchan from the membership of the Rajya Sabha, the Upper House of the Parliament. Bachchan's disqualification was approved on the charge that she was holding an office of profit as Chairperson of the Uttar Pradesh Film Development Council. Jaya Bachchan had moved the Supreme Court on March 10 against the disqualification order issued by the Election Commission of India.

    A similar recommendation has been made in the case of her Samajwadi Party colleague Amar Singh. The Election Commission had recommended Jaya Bachchan's disqualification from the Rajya Sabha on March 6. Under the Constitution, the President decides whether a sitting member has incurred disqualification in consultation with the EC. Article 102 (1)(a) bars a Member of Parliament (MP) from holding any office of profit under the Government of India or in any state other than an office declared by Parliament by law not to disqualify its holder. Even Amar Singh, a Rajya Sabha member has been asked to give a written reply by March 31 on a petition seeking his disqualification on the ground that he was holding an office of profit as chairman of Uttar Pradesh Development Council (UPDC). The Commission had rejected the charge of bias leveled against it by the Samajwadi Party leaders, for recommending Jaya Bachchan's disqualification. The Uttar Pradesh Assembly has already passed a legislation that to allow people holding offices of profit the right to sit in the state assembly or Parliament. Jaya Bachchan was elected to the Rajya Sabha in January, 2004. Following that she was also made the chairperson of the Film Development Council in July the same year. Madan Mohan Shukla had filed a complaint in October last and on its basis the commission took up the case.

Jaya seeks clarification on 'office of profit'
by Gyanendra Kumar Keshri

New Delhi: Following the approval of President A P J Abdul Kalam to the disqualification of her membership from the Rajya Sabha, actress Jaya Bachchan has decided to seek the Supreme Court's clarification on the "office of profit". "There is no definition of office of profit. There are over 70 Members of Parliament from different political parties who are holding similar position as Jaya Bachchan," said Pradeep Rai, Jaya Bachchan's Lawyer. He said as Chairperson of the council, Bachchan never drew any salary and hence it should not be deemed as office of profit. "This is an advisory council which gives suggestions to UP government on the possibility of the development of filmmaking in the state. We will file a petition in the Supreme Court seeking clarification which position should be considered as office of profit and which should not be," said Rai.

    The Uttar Pradesh government had created the council in 1999 to promote filmmaking in the state. Bachchan was elected to Rajya Sabha in January, 2004. Following that she was also made the chairperson of Film Development Council in July the same year. Bachchan holds the position as chairperson of the council with perks and status of a Cabinet minister, however, she draws no salary. The Election Commission had recommended Jaya Bachchan's disqualification from the Rajya Sabha on March 6 on the petition filed by a Congress leader from Uttar Pradesh Madan Mohan on the ground that she was holding an office of profit as Chairperson of the Film Development Council. The matter had gone before the President for his approval before he embarked on a foreign tour last week. The President had given its nod on the issue on Thursday evening. The decision will now be published in the official gazette before it takes effect. Article 102 of the Constitution prescribes many disqualifications 'for being chosen as and for being a Member of either House of Parliament'. One of the disqualifications is holding of an "office of profit under the Government of India or the Government of the State". Parliament, however, can make a law declaring any or as many as they like, offices as not to disqualify its holders. According to Prevention of Disqualification Act, 1959, a large number of offices like ministers, leaders of Opposition and chairpersons of several commissions or committees are not deemed as the office of profit. Mulayam Singh government had pushed through a bill seeking to take away 79 posts in various government bodies from the list of office of profit to pre-empt Jaya Bachchan's disqualification. However, Governor T V Rajeswar has withheld his consent to the bill. .

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