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Office of Profit: BJP against diluting spirit of statute
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April 27, 2006 18:03 IST

Charging the government with not disclosing even its tentative views on the issue of 'office of profit', the BJP on Thursday said it was against dilution of the constitutional provisions on the issue whether in letter or in spirit.

In his reply to the letter sent by Leader of the Lok Sabha and Defence Minister Pranab Mukherjee on April 3, Leader of Opposition in Rajya Sabha Jaswant Singh said it would be difficult to suggest any 'specific inputs' unless the government shares with it its thinking on the subject.

Maintaining that the party has always held the view that the Parliament (Prevention of Disqualification) Act, 1959, was
a provision born out of Article 102 of the Constitution, the veteran BJP leader said, "It would be difficult for me to
agree to any dilution of this, or other related provisions (related to 'office of profit') of the Constitution, whether in
letter or in spirit.

"It is only against that litmus paper test that we can, or ought to examine all the various other questions that you have raised: 'Amendments versus new comprehensive legislation; prospective or retrospective etc".

Singh said he would be disinclined to dilute, what he considered to be the "moral and a public obligation of propriety, enjoined upon all elected representatives in the country, indeed all holders of public office. How or why this should at all be tampered with, diluted, amended, begs many questions, even while it dissuades us from proceeding farther down the line".

Mukherjee, in his letter, had sought Singh's views among other things on whether amendments to the act would suffice or a new, comprehensive legislation was required.

Mukherjee had also sought a "specific input" from the BJP leader on whether the said legislation should be "prospective or retrospective in nature".

"I am sure you will appreciate that on the basis of what you have shared with me, it would be difficult to suggest any specific inputs. For that, the primary requirement is for the government to first share with us its thinking on the subject; to thereafter inform us fully of all the considerations that have gone into your letter," Singh said.

Meanwhile, BJP spokesman Ravi Shankar Prasad said it was curious that Mukherjee sought the party's views "without disclosing even the tentative view of the government on the whole issue for any meaningful exchange. Such an ad-hoc approach on an issue having far reaching impact on our body polity, indeed raises very disturbing questions".

He alleged that the controversy of office of profit rose by "accident under pressure of competitive politics and took its toll on Sonia Gandhi [Images] too who unabashedly sought to make a virtue out of compelling necessity".

Prasad said in the last few years a whole range of legislative and policy initiatives have been undertaken by Parliament, the Election Commission all of which have served to "strengthen our polity and free it in various measures from different vices".

"While considering any amendment dealing with the whole issue of office of profit, no attempt need be made to reverse this process," he said.

Asked why the BJP-led government hurried through a legislation in Jharkhand on the issue, he said the state was only enacting an independent law and the Bihar law on the issue was already applicable to it.


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