NEW DELHI: President A.P.J. Abdul Kalam has disqualified Jaya Bachchan of the Samajwadi Party from Rajya Sabha membership with retrospective effect from July 14, 2004 for holding an "office of profit" as Chairperson of the Uttar Pradesh Film Development Council (UPFDC).

The Law Ministry notification, enclosing the President's order, was received by the Rajya Sabha Secretariat on Friday, putting into "immediate effect" her disqualification. However, it may be a few days before the order is printed in the Rajya Sabha bulletin.

What makes the issue a political hot potato is that the President has also forwarded to the Election Commission a complaint seeking the disqualification of SP general secretary Amar Singh on the ground that he was holding an "office of profit" while being an MP. The Commission has already sent notice to him.

The President signed the notification on the disqualification of Ms. Bachchan on Thursday on the advice of the Commission, which on March 3 sent its opinion recommending that she be disqualified under sub-clause (a) of Clause 1 of Article 102 of the Constitution from July 14, 2004 following her appointment as UPFDC Chairperson. She was elected to the Upper House on July 4, 2004.

Rajya Sabha Secretary-General Yogendra Narain said this was the second case of disqualification, the first being that of R. Mohanarangam, an Anna Dravida Munnetra Kazhagam MP. He was disqualified in 1982 for holding the position of Special Representative of the Tamil Nadu Government when M.G. Ramachandran was Chief Minister. But his disqualification was not ordered with retrospective effect. Zail Singh was the President at that time.

"No precedent"

To a question on the perquisites, allowances and salary drawn by Ms. Bachchan as MP since July 14, 2004, Mr. Narain said: "We will be studying the issue." There was no precedent as this was the first disqualification with retrospective effect. He was aware that salary and perquisites were an issue that had to be decided. Besides their salaries, MPs are entitled to government accommodation and 1.5 lakh phone calls, 50,000 units of electricity at their official residence here, 32 air journeys and unlimited rail travel annually.

The notification said the President, having carefully considered the facts on record as contained in the Election Commission's opinion and being fully satisfied therewith, disqualified Ms. Bachchan.

Madan Mohan, a Congressman from Kanpur, had complained that she was holding an office of profit and that she should be disqualified. The President referred the complaint to the Commission.

Ms. Bachchan, who has moved the Supreme Court seeking a clarification on the term "office of profit," is likely to challenge her disqualification also.

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