Office of profit: Centre plans to bring new legislation to replace 65-year-old MP disqualification law | India News

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The committee highlighted the importance of the law ministry addressing outdated entries in the current legislation.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.