Click to play videoNew Delhi: President APJ Abdul Kalam on Friday signed the Office of Profit Bill that had been mired in controversy for the past few months.
The decision came a day after the Government decided to form a Joint Parliamentary Committee (JPC) to address the concerns expressed by the President.
The 15-member JPC is to suggest a comprehensive definition of OoP while examining it in the context of settled interpretation of this expression under Article 102 of the constitution.
“The committee shall recommend, in relation to OoP, the evaluation of generic and comprehensive criteria which are just, fair and reasonable and can be applied to all states and Union territories,” Law Minister H R Bhardwaj told the Lok Sabha.
The JPC, comprising 10 members from Lok Sabha to be nominated by Speaker and five from Rajya Sabha to be named by the Chairman, will examine the constitutional and legal positions relating to Office of Profit.
‘‘The committee shall examine the feasibility of adoption of system of law relating to prevention of disqualification of MPs as existing in the United Kingdom (UK) and considered by the Constitution (42nd amendment) Act, 1976,’’ Bhardwaj said.
The original bill passed in May at the height of the controversy over disqualification of Samajwadi Party MP Jaya Bachchan was returned by the President with a suggestion to Parliament that there was need for a comprehensive and generic criteria for defining Office of Profit.
Expressing his concerns over the terms of the Bill, Kalam had on May 30 returned it for reconsideration by both Houses of Parliament.
Kalam, who received the Bill on May 25 for assent, took the decision after giving "careful" thought and consultation with judicial and legal experts.
The Parliament's Budget session had in May approved the Parliament (Prevention of Disqualification) Amendment Bill 2006, which exempts 56 posts from being considered offices of profit.
He urged both Houses of Parliament to reconsider the propriety of the applying the law with retrospective effect. He wants this to be considered afresh, sources said.
The Lok Sabha had on July 31 re-legislated the Bill and sent it back to the President for assent.
Under the Constitution, a Bill sent to the President for a second time, has to be given assent to by him but there is no deadline set for it.
Congress President Sonia Gandhi resigned as the chairpersonship of the National Advisory Council after the Opposition alleged that it was an Office of Profit. The Bill exempted the post.
The chairpersonship of Sriniketan-Santiniketan Development Authority, a post held by Speaker Somnath Chaterjee, was also exempted.
Some other offices exempted include the chairpersonship of UP Development Council, headed by Samajwadi Party leader Amar Singh and the now defunct All India Council of Sports earlier headed BJP leader V K Malhotra.
The Presidential assent to the law with retrospective effect is expected to provide relief to the 40 MPs against whom disqualification petitions are pending on the ground they hold offices of profit.
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