Disqualification of AAP MLAs approved

Disqualification of AAP MLAs approved

Context:

President Ram Nath Kovind on Sunday accepted the recommendation of the Election Commission to disqualify the 20 MLAs of the Aam Aadmi Party(AAP), the ruling party in the national capital, for holding office of profit.

What’s the issue?

• The controversy started in 2015, when the AAP came to power and appointed 21 lawmakers as parliamentary secretaries. One out of these 21, Jarnail Singh, left his position to fight elections from Punjab.
• The question of their disqualification had then been brought up by a petition filed in June, 2015 before the President.
• The Petition, filed, had sought their disqualification under Section 15 of the Government of National Capital Territory of Delhi Act, 1991.
• In response, the Delhi Legislative Assembly had then passed the Delhi Member of Legislative Assembly (Removal of Disqualification) (Amendment Bill), 2015, excluding Parliamentary Secretaries from ‘office of profit’.
• However, The President had refused to give assent.
• Around same time, Delhi High Court struck down the posts of Parliamentary Secretaries
• MLA’s then requested Election Commission to not entertain the plea as High Court already has struck down the posts
• EC refused to entertain the plea and recommended the disqualification to president.
• Which recently accepted by president.

What is “Office of Profit”?

• An office of profit is a term used in a number of national constitutions to refer to executive appointments.
• If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of profit”.
• A person will be disqualified if he holds an office of profit under the central or state government, other than an office declared not to disqualify its holder by a law passed by Parliament or state legislature.
• A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve separation of powers.
• The word ‘office’ has not been defined in the Indian Constitution or the Representation of the People Act of 1951. But different courts have interpreted it to mean a position with certain duties that are more or less of public character.

Who is a parliamentary secretary?

• A Parliamentary Secretary assists a Minister, and the office usually comes with perks as well as a measure of political influence.

Constitutional provisions:

• Experts argue that the post of parliamentary secretary is in contradiction to Article 164 (1A) of the Constitution which provides for limiting the number of Ministers in the State Cabinets to 15% of the total number of members of the State Legislative Assembly. But, the number of Cabinet Ministers in Delhi cannot exceed 10% of the total 70 seats — that is seven — as per Article 239AA of Constitution.