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Nod for office of profit Bill

Special Correspondent

Reconsider President's views: Advani


  • 230 in favour and 71 against in Lok Sabha
  • Well within powers of Parliament to exempt offices of profit: Law Minister

    NEW DELHI : Parliament on Monday passed the Parliament (Prevention of Disqualification) Amendment Bill, 2006 with the Lok Sabha voting 230 in favour and 71 against it.

    The House reconsidered the legislation, popularly known as the Office of Profit Bill, after President A.P.J. Abdul Kalam returned it to Parliament in May with suggestions.

    The House also rejected by a voice vote amendments moved by Maneka Gandhi (BJP) who sought to know whether the move was aimed at exempting offices or persons.

    Piloting the Bill, which was passed for the second time by the Rajya Sabha on Thursday, Union Law Minister Hansraj Bhardwaj said it was well within the powers of Parliament to exempt offices of profit and that judicial pronouncement in the past said it could be done with retrospective effect.

    Mr. Bhardwaj assured the House that the Government had noted the suggestion to appoint a committee consisting of members of both Houses to go into the definition of office of profit. He emphasised that in obedience of the message of the President, Parliament had reconsidered the Bill passed in May this year. Referring to the debate in which there were references as if the House was doing something wrong, Mr. Bhardwaj stressed Parliament was not doing anything illegal or unconstitutional.

    Responding to Leader of the Opposition L.K. Advani's appeal not to press for its passage on the grounds that the courts might strike it down, Mr. Bhardwaj said all laws were subject to judicial scrutiny but that could not be the grounds for Parliament not to pass laws.

    Mr. Advani said that for the first time in 58 years, a President referred a Bill back to Parliament which was not the same as returning a Cabinet decision to the Government for reconsideration. He said considering "unenviable record of judicial admonishments" against the UPA Government such as Reservation in Andhra Pradesh or President's Rule in Bihar, "why are you inviting yet another... take some more time, let us reconsider and take into consideration the views of the President."

    Mr. Atwal said he was expunging remarks made by Asaduddin Owaisi (AIMIM) against Gujarat Chief Minister Narendra Modi as also the slogans raised by some BJP MPs against Mr. Owaisi. He said they were wrong and cautioned such things should not recur. The war of words stalled the proceedings for nearly 45 minutes before peace was restored.

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