Alas, Offices-of -Profit Turn Out To Be of-Poison. Review on Ministry of Law and Justice

Alas! ! Offices-of -Profit Are Turning Out To Be Offices-of-Poison to The Affected !

I.a) Introduction:

Since April last, this Political Hot Potato Issue has been bugging me & I couldn't give full vent to my thoughts & feelings on it for want of the specific Category: Ministry Of Law & Justice in MS. Had to struggle a lot with MS mouthpad for months before bringing it on here but by then my enthusiasm simply had taken the backseat! Now, I present it before it loses its Topical Interest.

b) The Law Ministry's Track Record:

It is perhaps the Weakest Link of The Union Ministries among Stiff contenders for the Spot . It had made some Controversial Decisions & Opinions in the past..Quite Natural in Politics. Let me confine myself to the Bill on Profit.

II. What is it all about?

Here, let me give you a Bird's Eye View of the background of the Issue for a fruitful discussion on its merits:

a) We all know,The Legislature, The Executive ( Govt. Administration), The Judiciary & The Press are the four Pillars of Democracy with Election Commission, may be, the fifth. Keeping this in mind, the Founding Fathers of The Constitution of India provided for strict separate Identity, Power & Limitations to each of them.

b)It is common knowledge, a regular govt. servant cannot contest an election & a Legislator can't hold an Executive (Government) Office of Profit. This is so important that it has Universal appeal. There are similar ineligibility Clauses in the Constitution of democratic nations lsuch as USA (absolute Bar), UK & W. Australia barring Legislators from holding Executive office. As per Article 102 & 98, of Indian Constitution, The State & Central Legislators who hold such offices attract Constitutionally prescribed Disqualification.

c) The Parliament enacted the Prevention of Disqualification Act of 1959 exempting executive posts from the disqualification. Over the years, there has been 7 amendments adding more & more executive posts to the list of exemptions. Now, the Present Bill of 2006.

III. What is The Need for the Present Bill?

i) Most of the Legislators seem to be blissfully ignorant of this law & have been holding offices of profit with immunity. They didn't pay attention to the earler Disqualification WARNING-Bells of 1. Mr. Mohanarangam, Rajya Sabha of the AIADMK party as early as in 1982 for holding the position of Spl. Representative of TN govt. in Delhi. or When The Apex Court came heavily on Sibu Soren, gave classical clarifications to the provisions & set aside the election of him to RS in June 1998 on the ground he was holding an office-of-profit under the Jharkand State.

ii) The ball was set in motion by The Congressman Madan Mohan who made a complaint against Jaya Bachan, the SP Rajya Sabha M.P. for holding the Chairmanship of. UP Film DEv. Council, who was promptly & irreversably disqualified with retrospective effect. Too Harsh a Punishment, isn't it?

iii) It is When Jaya Bachan of SP Party was disqualified, all the legislators seem to have suddenly woken up & come to their senses. Then Complaints against more & more legislators such as Sonia Gandhi, Amar Singh, V.K.Malhotra, L.S.Speaker Somnath Chaterjee, (soon Dr.Anbumani Ramadas) started pouring in attracting disqualification. Now, it is said there are compalaints against as many as 43 members of Parliament & 243 legislators of State Assemblies.

iv) In the Last session of the Parliament, a bill exempting another 46 offices was passed in both the Houses with a view to avert a large scale disqualification of members forcing a mini-General Election on the Nation to fill up the vacancies caused and the wasteful expenditure & unnecessary financial burden on the Nation. It was sent to the President for his assent but the bill was returned to the Parliament for reconsideration questioning the Soundness & Propriety of certain provisions in the bill

IV. Some Relevant Questions like the following might Crop up in any discerning persons' minds:

1.Why should these MLAs & MPs hold the gainful Executive offices of profit under the Government?

1. Are there any dearth of Personnels to man these executive posts?

   
   




2. Are the Legislators so poorly paid to opt for these posts that give them extra income?

   
   

( For Details refer to Rediff or Ravi / Kanti Sharma's Review)

4.Are they / their Services as Executives that much Indispensable?

5 .Which one will they be loyal to, as the SC questioned? The Legislature or the government?

1. How did they account for these additional Income & perks from Offices of Profit in their Tax Returns if they are TAXABLE?

   
   




2. If Jaya Bachan could be Disqualified, WHY NOT SUCH OTHERS TOO?

   
   




3. Can Ignorance of The Law Be Taken as an Excuse?

   
   

So on & So forth.

V. The Present Status of The Bill:

Now, the Bill has been reintroduced in the Parliament & is likely to be sent without any modification or amenment or change to the President for his assent. Now the ball is to be again in the court of the President. What is he likely to do as he can't return it again to the parliament? Give his consent to the bill? or, Refer it to the SC for legal opinion before giving his assent? Or take any other extreme steps? Only Time can answer.

VI. SOLUTION:

No doubt the Union Government has every right to make Laws giving exemption to certain more posts. The parliament is SUPREME! It should have acted before the first disqualification. It is important that Maximum care is taken aken that it is done in an open & transparent , JUST manner without any arbitrariness as it would attract Judicial intervention. Hope everything would sort themselves out in the most DEMOCRATIC MANNER without giving room for Judicial Activism.

VII. Conclusion:

Friends:

What is your take on this issue as patriotic Discerning Citizens of India?

Feel free to speak out your mind in the Comment Section. Your Views always COUNT! Let's Interact!

Over to you.