NEW DELHI: The Centre intends to abolish 65-year-old legislation governing MP disqualification for holding office of profit and to replace it with a new legislation aligned with present requirements introduced by the Union law ministry's legislative department.
The draft 'Parliament (Prevention of Disqualification) Bill, 2024', is based on recommendations from the Joint Committee on Offices of Profit (JCOP), previously led by Kalraj Mishra during the 16th Lok Sabha.
The new legislation aims to streamline section 3 of the current Parliament (Prevention of Disqualification) Act, 1959 and eliminate the negative catalogue of positions in the schedule that would result in disqualification.
The proposal seeks to address inconsistencies between the current Act and other statutes that explicitly provide exemptions from disqualification.
The draft legislation suggests removing section 4 of the existing law concerning "temporary suspension" of disqualification in specific instances, whilst authorising the central government to modify the schedule through notifications.
In seeking public feedback, the department noted that The Parliament (Prevention of Disqualification) Act, 1959 was established to specify certain government profit-making positions that would not disqualify individuals from being selected as, or serving as, Parliament members.
The current Act includes both positions that would not result in disqualification and those that would lead to disqualification. The Act has undergone various amendments by Parliament over time.
Meanwhile, The JCOP conducted a thorough assessment of the legislation during the 16th Lok Sabha and presented its findings.
The committee highlighted the importance of the law ministry addressing outdated entries in the current legislation.
A primary suggestion was to establish a "comprehensive definition" for the term 'offices of profit'.
The committee also advocated for clearer language and improved formatting.
It recommended protecting members nominated to various flagship initiatives, including "Swachh Bharat Mission, Smart City Mission, Deen Dayal Upadhyay-Grameen Kaushalya Yojana", and other programmes from disqualification.
The draft 'Parliament (Prevention of Disqualification) Bill, 2024', is based on recommendations from the Joint Committee on Offices of Profit (JCOP), previously led by Kalraj Mishra during the 16th Lok Sabha.
The new legislation aims to streamline section 3 of the current Parliament (Prevention of Disqualification) Act, 1959 and eliminate the negative catalogue of positions in the schedule that would result in disqualification.
The proposal seeks to address inconsistencies between the current Act and other statutes that explicitly provide exemptions from disqualification.
The draft legislation suggests removing section 4 of the existing law concerning "temporary suspension" of disqualification in specific instances, whilst authorising the central government to modify the schedule through notifications.
In seeking public feedback, the department noted that The Parliament (Prevention of Disqualification) Act, 1959 was established to specify certain government profit-making positions that would not disqualify individuals from being selected as, or serving as, Parliament members.
The current Act includes both positions that would not result in disqualification and those that would lead to disqualification. The Act has undergone various amendments by Parliament over time.
Meanwhile, The JCOP conducted a thorough assessment of the legislation during the 16th Lok Sabha and presented its findings.
The committee highlighted the importance of the law ministry addressing outdated entries in the current legislation.
A primary suggestion was to establish a "comprehensive definition" for the term 'offices of profit'.
The committee also advocated for clearer language and improved formatting.
It recommended protecting members nominated to various flagship initiatives, including "Swachh Bharat Mission, Smart City Mission, Deen Dayal Upadhyay-Grameen Kaushalya Yojana", and other programmes from disqualification.
You may also like
Kailash Gahlot resigns: Delhi CM Atishi to handle his departments, proposal sent to LG
Liam Payne's heartbreaking hope for son Bear and sad signs he was trying to sort his life out
Snooker scores LIVE: Mark Williams vs Xiao Guodong updates in Champion of Champions final
Pope Francis suggests international study into possible genocide in Gaza
Golfer gets two-shot penalty for illegal equipment in bag as scorecard mix-up causes havoc
