Kalam unsure on Office of Profit Bill

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New Delhi: The head of state and the supreme legislative authority may be headed for a face-off.

At the heart of a potential confronation is the contentious Office of Profit Bill that affects more than 40 MPs.

The Bill had even led to Congress President Sonia Gandhi's resignation as Chairman of National Advisory Committee.

On May 16, Parliament passed the Office of Profit Bill that allows certain offices to be exempt from any sanction.

On May 30, the President returned it, raising questions over the contents of the Bill. One week later, the Parliament decided to return the Bill back to the President.

Under the law, the President has to sign the Bill if it is returned to him the second time. But CNN-IBN has learnt that the President is not keen to sign the Bill at the moment.

A potential loophole that the President may take advatnage of is the fact that the Constitution is unclear on the time frame within which the President has to sign the Bill.

"The President can take a reasonable amount of time after the Bill is returned to him the second time. One week, two week, or more but that has to be explained," says former Chief Justice Of India, V N Khare.

But the "reasonable time" is a term that has not been defined in the Constitution. And President Kalam may just choose to learn from the past.

Kalam could take the cue from Giani Zail Singh, who famously sat on the Postal Bill in 1986, the only time it has happened in the history of Indian democracy.

Legal experts, however, think that this may also land the President in trouble. "The Constitution says that the President shall not withold his consent the second time and if he does that, it may amount to misconduct," says Senior Advocate at Supreme Court, Rakesh Diwedi.

Political parties, especially the ruling Congress, which was at the forefront of the Office of Profit legislation is playing safe at the moment.

"The Bill was to be deliberated upon during the next session of the Parliament. It is a hypothetical situation. Let's not talk about that," says Congress leader Rajeev Shukla.

Time may be on Kalam's side for now but too long a delay would obviously look like a confrontation between Rashtrapati Bhavan and the South Block.

Zail Singh had risked impeachment but Rajiv Gandhi knew the President had chosen a popular path.

The same applies to Kalam and his move to turn down the Bill may, in fact, prove to be politically suicidal.

(With Pallavi Ghosh in New Delhi)

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