New Delhi, June 14: Following a major set back on Monday, June 13, the Aam Admi Party has decided to re-introduce the dual office bill. In a meeting held on Monday the AAP leaders accused the centre of influencing the President of India who had rejected the bill.
The bill introduced by the AAP had sought to protect 21 MLAs who were occupying additional posts and this was considered to be unconstitutional.The AAP is likely to re-introduce this bill soon.
Meanwhile sources say that the President of India had refused asset to the amendments in the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997. This union government after a considered opinion and also consulting with the Attorney General stated to the President that the Bill cannot get the nod.
21 MLAs could be disqualified
With this bill being withheld 21 Aam Aadmi Party MLAs run the risk of losing their membership on the dual office profit issue. This however would not affect the Delhi government as the AAP has 67 MLAs in the 70 member house.
The MLAs are those who were appointed parliamentary secretaries by the AAP government in Delhi on March 14 2015.
A BJP leader had filed a complaint with the president of India calling for the disqualification of 21 parliamentary secretaries, on the grounds that they were holding dual offices of profit.
Arvind Kejriwal in a bid to shield the MLAs from being disqualified had passed a bill in the state assembly exempting parliamentary secretaries from the ambit of the dual office of profit law, with retrospective affect. The bill was then sent to the Lieutenant Governor and the centre for its approval.
Constitutional expert Subhash Kashyap says a legislator who holds an office or post under the government - even if no renumeration is received but enjoys perks would be deemed to be holding an office of profit.
He further pointed out that office of profit means is a broad term and is applicable to parliamentary secretaries. Only receiving remuneration and cash is not office of profit, it also would mean giving favours in kind or able to influence decisions," the expert also states.