The Hindu : Front Page : JPC to define `office of profit'

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Friday, Aug 18, 2006

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JPC to define `office of profit'

Special Correspondent

BJP, Left object to Bhardwaj leaving immediately after motion was adopted

NEW DELHI: The Lok Sabha on Thursday adopted a motion to set up a Joint Parliament Committee (JPC) to suggest, among other things, a comprehensive definition of `office of profit.'

The Bharatiya Janata Party-led Opposition staged a walkout soon after protesting against the manner in which Law Minister Hansraj Bhardwaj left the House without responding to clarifications.

While BJP and Left members said they were not against the motion, their objection was to the manner in which Mr. Bhardwaj left the House immediately after the motion was adopted. Proceedings were stalled for some time, as many agitated Opposition members demanded he be summoned to the House and asked to apologise.

BJP Deputy Leader V.K. Malhotra led the walkout. He said it was not the practice to adopt a motion that did not contain names of members, a point disputed by Gurudas Dasgupta (CPI). Varkala Radhakrishnan (CPI-M) said the motion was circulated to members minutes before it was moved by the Minister and took exception to Mr. Bhardwaj leaving almost immediately.

Earlier, moving the motion, Mr. Bhardwaj said the JPC would be asked to examine the constitutional and legal position relating to the office of profit and it would consist of 15 members.

The Lok Sabha Speaker will nominate 10 members from the House while the Rajya Sabha chairman would nominate five members from the Council of States.

The four terms of reference for the JPC shall be: (i) to examine, in the context of settled interpretation, the expression of `office of profit' in Article 102 of the Constitution and the underlying constitutional principles therein, and to suggest a comprehensive definition of `office of profit'; (ii) to recommend, in relation to `office of profit', the evaluation of generic and comprehensive criteria which are just, fair and reasonable and can be applied to all States and Union territories; (iii) to examine the feasibility of adoption of system of law relating to prevention of disqualification of Members of Parliament as existing in the United Kingdom and considered by the Constitution (42nd Amendment) Act, 1976; and (iv) to examine any another matter incidental to the above.

The JPC would submit a report by the first day of the last week of the next session.

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