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Office of Profit Bill tomorrow
by Pankaj Yadav

     New Delhi: The "Office of Profit" Amendment Bill in all likelihood would be brought up for discussion in the Lok Sabha tomorrow and in the Rajya Sabha the following day. According to Union Parliamentary Affairs Minister Priyaranjan Dasmunsi, the Bill, which is officially named as the "Parliament (Prevention of Disqualification) Amendment Act, 2006, will be unanimously passed in both the Houses of Parliament as there was almost a unanimity among all the major political parties. He added that the Bill would be passed with an "overwhelming majority", as 2/3rd majority would not be mandatory since it would not be a Constitutional amendment. The proposed Bill would include certain offices in the Parliament (Prevention of Disqualification) Act, 1959, so as to exempt the holders of such offices from incurring disqualification. Speaking to a section of media persons at his chamber inside the Parliament House, Dasmunsi said even after the passage of the Bill, the political parties were free to make further amendments if they think fit to do so in future. He added that all possible posts held by public representatives which are deemed as "office of profit" today, have been mentioned in the Bill. "Chairmen and heads of all trusts and registered societies would be excluded from the purview of the term "Office of Profit" after the passage of the Bill. According to official sources, the Government has planned to make the said necessary amendment so as to avoid large-scale legislation which would result after the vacation of seats in both Houses of Parliament. "The vacation of seats would necessitate the holding of bye-elections to fill up the resultant vacancies. This will be wasteful expenditure and would unnecessary financial burden upon the nation," says the proposed Bill.

'Office of Profit Bill not to benefit Bachchan'

       New Delhi: If Union Parliamentary Affairs Minister Priyaranjan Dasmunsi is to be believed, the "Office of Profit" Bill which is likely to be introduced and passed in the Lok Sabha tomorrow, and in Rajya Sabha on Wednesday, would not benefit the recently disqualified Rajya Sabha member Jaya Bachchan of the Samajwadi Party. According to him, though the Bill will have a retrospective affect, but Jaya would not derive benefit since she has been disqualified by the Supreme Court, the "highest decision making authority" in the country. "As of now, Jaya Bachchan is a disqualified member and the seat which she has been holding is lying vacant. Moreover, her disqualification came from the Supreme Court. The best what she can do is to re-contest the RS election for the seat which she had to vacate after her disqualification." "We do not indulge in politics of retribution, and we do not want to harm anyone politically, but this is a matter involving judicial observation and implication," he added.

     Jaya Bachchan was disqualified a couple of months ago by the President of India on the recommendation of the Election Commission of India for holding the post of Chairperson of the Uttar Pradesh Film Development Corporation which was adjudicated as an office of profit (OoP). Only last Monday, the Supreme Court had dismissed her petition challenging her disqualification. A bench headed by Chief Justice YK Sabharwal said that the law on this issue was settled since 1954 and what is material was not whether the person actually received any remuneration or pecuniary gains, but whether the office he or she holds is itself of profit. "In this view, the question whether the petitioner (Jaya Bachchan) actually received any pecuniary gain is not material..." the bench said adding that "we do not find any merit in the petition," he had observed. Senior counsel Fali Nariman had requested the court to clarify the position as there were several cases, including those from various states, pending before the Election Commission and the Commission was "wielding stick" on legislators on the office-of- profit issue.

      The Samajwadi Party leader had sought declaring as "null and void" the President's order and EC's opinion recommending her disqualification as member of the Rajya Sabha contending that she never made actual pecuniary gains from the alleged office of profit in her position as Chairperson of Uttar Pradesh Film Development Corporation (UPFDC). In her petition, Jaya had said that the cases decided by the Apex Court under Article 102(1)(a) and Article 191(1)(a of the Constitution held that even where a post or office carries remuneration or pay, in the absence of proof of any actual pecuniary gain to the holder from that office, the holder cannot be said to be holding "an office of profit".