JPCofficeofprofit
Joint parliamentary committee to examine the constitutional and legal position relating to office of profit

Pursuant to motions adopted by both the Houses of the Parliament, a Joint Parliamentary committee to examine the constitutional and legal position relating to the Office of Profit has been constituted under the Chairmanship of Shri Iqbal Ahmed Saradgi, M.P with the following terms of reference:-

  1. To examine, in the context of settled interpretation of the expression "office of Profit " in article 102 of the Constitution and the underlying constitutional principles therein, and to suggest a comprehensive definition of "Office of Profit."

  1. To recommend, in relation to "Office of Profit" the evolution of generic and comprehensive criteria which are just, fair and reasonable and can be applied to all States and Union Territories;

  1. To examine the feasibility of adoption of system of law relating to prevention of disqualification of Members of Parliament as existing in the United Kingdom and considered by the Constitution  (Forty- Second Amendment) Act, 1976; and

  1. To examine any other matter incidental to the above.

The Joint Parliamentary Committee have decided that constitutional/ legal experts, academicians, Law institutes. Bar Councils, public bodies or individuals desirous of submitting memoranda on the above issues for consideration of the JPC should send two copies thereof in English or in Hindi so as to reach Director (CB), Lok Sabha Secretariat, Parliament House Annexe, New Delhi, Email: almartin @sansad.nic.in on or before 6th October, 2006. The memoranda which might be submitted to the Committee would form part of the records of the Committee and should be treated as strictly confidential and not circulated to anyone, as such an act would constitute a breach of privilege of the Committee. Those who are desirous of giving oral evidence before the Committee besides giving memorandum, are requested to intimate to this effect for consideration of the Committee

THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

ARRANGEMENT OF SECTIONS

SECTIONS

1. Short title and commencement.

2. Amendment of the Preamble.

3. Insertion of new sub-heading after article 31.

4. Amendment of article 31C.

5. Insertion of new article 31D.

6. Insertion of new article 32A.

7. Amendment of article 39.

8. Insertion of new article 39A.

9. Insertion of new article 43A.

10. Insertion of new article 48A.

11. Insertion of new Part IVA.

12. Amendment of article 55.

13. Amendment of article 74.

14. Amendment of article 77.

15. Amendment of article 81.

16. Amendment of article 82.

17. Amendment of article 83.

18. Amendment of article 100.

19. Amendment of article 102.

20. Substitution of new article for article 103.

21. Amendment of article 105.

22. Amendment of article 118.

23. Insertion of new article 131A.

24. Insertion of new article 139A.

25. Insertion of new article 144A.

26. Amendment of article 145.

27. Substitution of new article for article 150.

28. Amendment of article 166.

29. Amendment of article 170.

30. Amendment of article 172.

31. Amendment of article 189.

32. Amendment of article 191.

33. Substitution of new article for article 192.

34. Amendment of article 194.

35. Amendment of article 208.

36. Amendment of article 217.

37. Amendment of article 225.

38. Substitution of new article for article 226.

39. Insertion of new article 226A.

40. Amendment of article 227.

41. Amendment of article 228.

42. Insertion of new article 228A.

43. Insertion of new article 257A.

44. Amendment of article 311.

45. Amendment of article 312.

46. Insertion of new Part XIVA.

47. Amendment of article 330.

48. Amendment of article 352.

49. Amendment of article 353.

50. Amendment of article 356.

51. Amendment of article 357.

52. Amendment of article 358.

53. Amendment of article 359.

54. Amendment of article 366.

55. Amendment of article 368.

56. Amendment of article 371F.

57. Amendment of the Seventh Schedule.

58. Special provisions as to pending petitions under article 226.

59. Power of the President to remove difficulties.

The Sections 19, 20, 32 and 33 of the Constitution (42ndAmendment) Act, 1976 are relevant in the context of the office ofprofit which are reproduced below:

19. Amendment of article 102.-In article 102 of the Constitution, for sub-clause (a) of clause (1), the following sub-clause shall be substituted, namely:-

"(a) if he holds any such office of profit under the Government of India or the Government of any State as is declared by Parliament by law to disqualify its holder;".

20. Substitution of new article for article 103.-For article 103 of the Constitution, the following article shall be substituted, namely:-

"103. Decision on questions as todisqualification.-(1) If any question arises-

(a) as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, or

(b) as to whether a person, found guilty of a corrupt practice at an election to a House of Parliament under any law made by Parliament, shall be disqualified for being chosen as, and for being, a member of either House of Parliament, or of a House of the Legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification, the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the President shall consult the Election Commission and the Election Commission may, for this purpose, make such inquiry as it thinks fit."

32. Amendment of article 191.-In article 191 of the Constitution, for sub-clause (a) of clause (1), the following sub-clause shall be substituted, namely:-

"(a) if he holds any such office of profit under the Government of India or the Government of any State specified in the First Schedule as is declared by Parliament by law to disqualify its holder;".

33. Substitution of new article for article 192.-For article 192 of the Constitution, the following article shall be substituted, namely:-

192. Decision on questions as to disqualification.-(1) If any question arises-

(a) as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, or

(b) as to whether a person, found guilty of a corrupt practice at an election to a House of the Legislature of a State under any law made by Parliament, shall be disqualified for being chosen as, and for being a member of either House of Parliament or of a House of the legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification, the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the President shall consult the Election Commission and the Election Commission may, for this purpose, make such inquiry as it thinks fit.".

THE CONSTITUTION (FORTY-FOURTH AMENDMENT)ACT, 1978

Sections 19 and 32 of the Constitution (42nd Amendment)Act, 1976 were omitted by Section 45 of the Constitution ( 44thAmendment ) Act, 1978 and sections 20 and 33 of the Constitution (42nd Amendment) Act, 1976 were substituted by Sections 14 and 25 respectively of the Constitution (44th Amendment) Act, 1978 which are reproduced below:-

14. Substitution of new article for article 103.- For article 103 of the Constitution, the following article shall be substituted, namely:- "103. Decision on questions as to disqualifications of members.-

(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.".

25. Substitution of new article for article 192.-For article 192 of the Constitution, the following article shall be substituted, namely:-

"192. Decision on questions as to disqualifications of members.-

(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall b

(2) e final.

(3) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion."

45. Amendment of the Constitution (Forty-second Amendment) Act, 1976.- In the Constitution (Forty-second Amendment) Act, 1976, sections 18, 19, 21, 22, 31, 32, 34, 35, 58 and 59 shall be omitted. 


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