21 Parliamentary Secretaries Disqualification..Office of Profit Issue in Delhi

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So the Government of India has rejected Parliamentary Secretary Amendment Bill proposed by AAP Government in Delhi. This has been given the nod of the President as well.

To be Clear that President of India can only follow and agree to the Bill as per the Center. If Center agrees , President agrees and Center Disagrees… so does the President.

This has drawn clouds of uncertainty over 21 MLAs who can be disqualified now.

Lets see whats going here.

How it started ?

On March 13, 2015, the Kejriwal government passed an order appointing the 21 party MLAs as parliamentary secretaries, saying they won’t take remuneration and hence didn’t fall under the office of profit regulations.

According to the laws, only CM can appoint a Parliamentary Secretary for himself, but 21 such posts were created

The Opposition went against it and cited that AAP Government is using Unconstitutional Methods to get profits from Office.

Remedial Measures

After the chances of the disqualification of its 21 parliamentary secretaries as MLAs because of the illegality of holding two offices of profit at once, the AAP government on 16 June 2015  passed a bill to give exemption to these secretaries from disqualification with retrospect effect. The Amendment was as below

“Section 15 of the Government of National Capital Territory of Delhi Act, 1991 provides that a person shall be disqualified for being chosen as and for being a member of Legislative Assembly if he holds any office of profit under Government of India or the government of any state and Union Territory other than any office declared by law made by Parliament or state legislative or of any Union Territory, not to disqualify its holder.”

However, the bill was suppoed to be passed only when it gets the consent of the Lt-Governor and the President.

Opposition Action

This issue was dragged to court and was claimed to be dictatorship and unconstitutional.

Prashant Patel, based at Karkardooma Court, filed the plea asking the President to take action against the creation of 21 “unconstitutional” posts by Delhi government. When contacted, Patel said, “I have been informed by the President House that the petition will be forwarded to the Election Commission within two days and the President will wait for their comments.”

Election commission sent notices to these MLA and sought response from them

What happened Yesterday

The Amendment has been rejected by President of India .

AAP Chief and Delhi CM tweeted blaming PM to not letting the Government work

He Tweeted

“Modi ji doesn’t respect democracy. He is only afraid of AAP. Modi ji says neither I will work, nor will allow others to work,”

An Emergency party meet was called later yesterday.

What could be the Possibilities.

  1. AAP can review the reasons behind the withholding of assent and can send he bill back to the President
  2. Election Commission can disqualify the 21 MLA and re-election would happen

In any of the above cases , the matter is bound to reach Supreme Court and would take its own course to resolve.

Its only a matter of time before we see the outcome.

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