Administrative Reforms Commission: Bill to remove disqualification published

Thiruvananthapuram: The Legislature Secretariat has published the Legislative Assembly (Removal of Disqualifications) Amendment Bill aimed at providing a position with Cabinet rank to veteran CPI (M) leader V. S. Achuthanandan without attracting disqualification as Member of the Assembly for holding an office of profit.

The Statement of Objects and Reasons for the Bill only says that the Bill is aimed at preventing disqualification in the event any member of the Assembly is appointed as Chairman of the Administrative Reforms Commission. Similar amendments had been brought earlier to insulate Leader of the Opposition and the Chief Whip from disqualification for being an Office of Profit.

The Bill is likely to be taken up by the House during the current session itself.

The Bill seeks to provide that “no person shall be disqualified or deemed ever to have been disqualified for being chosen as, and for being, a member of the Legislative Assembly of State of Kerala by reason only that he holds and has held the office of the Chairman of the Administrative Reforms Commission.”

For the purpose of the clause, Administrative Reforms Commission means a body of experts constituted by the State Government, from time to time, to study different aspects of administration and recommend measures for its improvement.

The provision is incorporated with retrospective effect in view of possible implications to chief ministers who chaired the Commission in the past. E. M. S. Namboodiripad and E. K. Nayanar had been chairmen of the Commission in the past when they were chief ministers. If it is assumed that the chairmanship of the Commission they held were offices of profit, it could raise questions about their tenure.

The Constitution of India specifies that a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State, if he holds any office of profit under the Government of India or Government of any State other than an office declared by the Legislature of the State by law not to disqualify its holder.