Existing parliamentary secys can’t be disqualified for holding office of profit

Jaipur: Despite the Supreme Court (SC) striking down the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 in July this year, the state government went ahead with The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Bill, 2017 to ensure that the existing parliamentary secretaries are not disqualified despite holding `office of profit'.

The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Bill, 2017 was cleared in the Rajasthan Assembly on Wednesday. State parliamentary affairs minister Rajendra Rathore said that the new law refers to MLAs who have already been appointed as parliamentary secretaries. ``It is not related to appointment of new parliamentary secretaries. The parliamentary secretaries have been included in the list of office of profit only to ensure that those already holding the office are not disqualified,'' he clarified. Presently, 10 MLAs have been appointed as parliamentary secretaries by the Vasundhara Raje government.

The Supreme Court in July 2017 has SC strikes down previous Congress government enacted law allowing appointment of MLAs as parliamentary secretaries.

The parliamentary secretaries in the state since 1957 are included in the list of assembly members who cannot be disqualified for being members of the Legislative Assembly of the state. The 2017 bill was introduced as part of an initiative to consolidate multiple laws on the same subject. With the 2017 bill being cleared in the assembly on Wednesday, two bills - The Rajasthan Legislative Assembly Members (Removal of Disqualification) Act, 1956 (Act No. 7 of 1957) and the Rajasthan Act, 1969 (Act No. 5 of 1969) stand repealed.

The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Bill, 2017 does not grant immunity to the office of a Pradhan or Pramukh as defined in the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959). They were included in the Rajasthan Act, 1969 (Act No. 5 of 1969).

The government on Wednesday had to face the objection of its rebel BJP MLA Ghanshyam Tiwari, who raised the recent Supreme Court order and pointed out that SC had ruled appointment of parliamentary secretaries unconstitutional'. The government, however, maintained that appointment of parliamentary secretaries was another matter.

BOX:

Partial list of offices included in the Rajasthan Legislative Assembly Members (Prevention of Disqualification) Bill, 2017

1. Office of a minister of state or deputy minister

2. Office of the government chief whip

3. Office of the government deputy Government chief whip

4. Office of parliamentary secretary or a parliamentary under secretary

5. Office of Leader of Opposition in the Rajasthan Legislative Assembly

6. Office of a chairman or a vice-chairman or the member of a committee set up for the purpose of advising the Government or any other authority in respect of any matter of public importance or for the purpose of making an enquiry into, or collecting statistics in respect of, any such matter or for planning, coordinating or implementing any programme of the Government or any other authority.

QUOTE

It is not related to appointment of new parliamentary secretaries. The parliamentary secretaries have been included in the list of office of profit only to ensure that those already holding the office are not disqualified

Rajendra Rathore | parliamentary affairs minister