The Parliament (Prevention of Disqualification) Act, 1959
The Parliament (Prevention of Disqualification) Act, 1959
1. Introduction and Purpose
The Parliament (Prevention of Disqualification) Act, 1959 was enacted to address a particular problem relating to disqualification of Members of Parliament (MPs) or Members of Legislative Assemblies (MLAs) arising from holding certain offices or positions. The Act essentially prevents certain appointments or offices from causing disqualification under the Representation of the People Act or the Constitution.
The main objective is:
To prevent the disqualification of elected representatives who hold offices or positions that may otherwise disqualify them from Parliament or state legislatures.
To safeguard the legislative functioning and representation by avoiding technical disqualifications.
2. Background
Under Article 102(1)(a) of the Constitution and under the Representation of the People Act, an MP or MLA can be disqualified if they hold an office of profit under the government, subject to exceptions.
Various offices and appointments can be “offices of profit” that may cause disqualification.
To clarify which offices do not disqualify a person from being an MP or MLA, this Act was passed.
3. Key Provisions
a) Section 3: Prevention of Disqualification
The Act declares that holding certain offices or appointments specified by Parliament shall not disqualify a person from being chosen as, or being, a member of Parliament or a State Legislature.
Parliament can amend the schedule of the Act to include or exclude offices from the exemption list.
b) Schedule to the Act
The Schedule lists offices and appointments exempted from disqualification.
These may include government advisory boards, committees, tribunals, or other specified posts.
c) Power to Amend
Parliament has the power to add or remove offices from the schedule through legislation.
This flexibility allows the government to adapt the list according to evolving circumstances.
4. Purpose and Effect
The Act provides a legal shield for MPs or MLAs holding certain public offices that are beneficial for governance or public interest.
It prevents frivolous or politically motivated disqualification petitions based solely on holding such offices.
Encourages participation of legislators in advisory and administrative bodies without risking disqualification.
5. Important Judicial Interpretations
Case 1: R. Krishnaswami Naidu v. State of Madras (1952)
Although predating this Act, this case laid the foundation regarding “office of profit” disqualification.
The court held that if the office is one that gives financial gain and is under the government, it may cause disqualification unless exempted.
Case 2: Jaya Bachchan v. Union of India (2006)
The Supreme Court discussed the “office of profit” concept and emphasized the importance of clarity in what constitutes such an office.
The Parliament (Prevention of Disqualification) Act plays a crucial role in defining exempt offices.
Case 3: V. G. Row v. State of Madras (1952)
The court held that Parliament has the power to exempt certain offices from disqualification, consistent with the Act’s purpose.
6. Relation with the Constitution and Representation of the People Act
Article 102(1)(a) and Article 191(1)(a) lay down grounds for disqualification of MPs and MLAs.
The Representation of the People Act, 1951 contains provisions for disqualification on grounds of office of profit.
This Act complements these provisions by specifying exemptions.
7. Significance
Prevents the misuse of disqualification provisions to unseat legislators arbitrarily.
Maintains the functional effectiveness of Parliament and state legislatures.
Balances the need for legislators to hold certain offices for governance without losing membership.
Protects democratic representation and stability.
Summary
The Parliament (Prevention of Disqualification) Act, 1959 is a protective legislation that exempts certain offices from causing disqualification of MPs or MLAs. By defining which offices do not attract disqualification, the Act ensures legislators can hold positions necessary for governance without jeopardizing their membership, thereby safeguarding parliamentary functions.
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