- Author(s): P.D.T. Achary
- Publisher: Bharat Law House
- Edition: 1 Ed 2006
- ISBN 10 8177371142
- ISBN 13 9788177371147
- Approx. Pages 592 + contents
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Description
'Office of Profit' has generated a great deal of interest in the political circles in the past few months. This term, though not clearly understood by many, has become the subject of animated discussion.
Articles 102 and 191 of the Constitution provide for the disqualification of a person from being a member of the Legislature if he holds an office of profit under the Government. However, these Articles empower the Parliament and the State Legislatures to declare by law that a particular office will not disqualify its holder. In pursuance of Article 102, Parliament enacted the Parliament (Prevention of Disqualification) Act, 1959. This Act declares that the offices listed in its various sections do not disqualify their holders. The States, too, have enacted their independent Acts.
The basic problem that arises in the context of 'office of profit' is that this term has not been defined anywhere, ft is interesting to note that neither the English Act nor the Indian Act has attempted to define it. A catena of cases decided by the English courts, the Indian courts and the Tribunals have analysed in clear terms the hitherto undefined term 'office of profit'. As these cases arose under diverse circumstances, each decision of the Court or Tribunal laid emphasis on one or a set of factors. Though no definition of the term is available, much of the obscurity of the law on this subject has been removed through these decisions.
This book is a sincere attempt to explore the frontiers of the law on office of profit and explain it in lucid terms to enable the readers to get a clear view of it. It also traces the history of the evolution of this obscure law. To make the book comprehensive and self-contained, State Acts and the House of Commons Disqualification Act, 1975 and the Parliament (Prevention of Disqualification) Act, 1959, as amended by the 2006 Amendment Act have been given as Annexure.
.............................................................................................................................
Contents
Chapter I. Introductory
Chapter II. The History
Chapter III. Judgements of Indian Courts, Elections Tribunals and Opinions of the Election Commission of India
Chapter IV. The Parliamentary Committee on Offices of Profit and the Act of 1959
Annexure I. Parliament (Prevention of Disqualification) Act, 1959 and the Corresponding States Acts
1. The Parliament (Prevention of Disqualification) Act, 1959
2. The Andhra Pradesh Payment of Salaries and Pension and Removal of
Disqualifications Act, 1953
3. The Arunachal Pradesh Legislature Members (Prevention of Disqualifications)
Act, 1977
4. The Assam State Legislature Members (Removal of Disqualifications) Act, 1950
5. The Bihar Legislature (Removal of Disqualifications) Act, 1950
5A. The Delhi (National Capital Territory of) Members of Legislative Assembly
(Removal of Disqualification) Act, 1997
6. The Goa, Daman and Diu Members of Legislative Assembly (Removal of
Disqualification) Act, 1982
7. The Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960
8. The Haryana State Legislature (Prevention of Disqualification) Act, 1974
9. The Himachal Pradesh Legislative Assembly Members (Removal of
Disqualifications) Act, 1971
10. The Jammu And Kashmir State Legislature (Prevention of Disqualification) Act, 1962
11. The Karnataka Legislature (Prevention of Disqualification) Act, 1956
12. The Madhya Pradesh Vidhan Mandal Sadasya Nirharta Nivaran Adhiniyam, 1967
13. The Maharashtra Legislature Members (Removal of Disqualification) Act, 1956
14. The Manipur Legislature (Removal of Disqualifications) Act, 1972
15. The Prevention of Disqualification (Members of the Legislative Assembly of
Meghalaya) Act, 1972
16. The Mizoram Union Territory Legislature Members' (Removal of Disqualifications
Act, 1975
17. The Nagaland State Legislature Members (Removal of Disqualification) Act, 1964
18. The Orissa Offices of Profit (Removal of Disqualifications) Act, 1961
19. The Pondicherry Members of the Legislative Assembly (Prevention of
Disqualification) Act, 1994
20. The Punjab State Legislature (Prevention of Disqualification) Act, 1952
21. The Rajasthan Legislative Assembly Members (Removal of Disqualification) Act, 1956
22. The Sikkim Legislative Assembly Members Removal of Disqualifications Act, 1978
23. The Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967
24. The Tripura State Legislature Members (Removal of Disqualifications) Act, 1972
25. The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971
26. The West Bengal Legislature (Removal of Disqualifications) Act, 1952
Annexure II. Relevant Extracts from the Constitution of India
Annexure III. Relevant Extracts from the Representation of People Act, 1951
Annexure IV. House of Commons Disqualification Act, 1975
Annexure V. Report of the Committee on Offices of Profit
.............................................................................................................................
Author Details
P.D.T. Achary, presently Secretary-General, Lok Sabha, has been closely associated with the Secretariat of tin- popular House of the Indian Parliament for over 35 years. During these three-and-a-half decades of distinguished service in the Lok Sabha Secretariat, he has held charge of many important Divisions and Departments. His brilliant academic background, coupled with his extensive and illustrious association with different Services of the Lok Sabha, has facilitated a deep insight into the intricacies of the working of our parliamentary institutions, and more particularly the finer details and varied nuances of our parliamentary practices and procedures. He has also had very substantial international experience, having been a member of, or Secretary to, many Indian Parliamentary Delegations attending International Parliamentary Conferences, Widely travelled in India and abroad, his invaluable experience of the working of the parliamentary system has been acknowledged at the Conferences of the Inter-Parliamentary Union (IPU), the Commonwealth Parliamentary Association (CPA), the Association of SAARC Speakers and Parliamentarians, etc. He is also a distinguished member of the Society of Clerks-at-the-Table and the Association of Secretaries-General of Parliaments (ASCP), in which forums he has made acclaimed presentations on parliamentary themes. As a very articulate and forceful speaker, he has for long been on the faculty of the Bureau of Parliamentary Studies and Training, delivering informed Lectures on the operational dynamics of the Indian Parliamentary System at Orientation Programmes, Appreciation Courses and Training Programmes for legislators, civil servants and foreign and Indian parliamentary officials. An author of repute, two of his earlier publications, speaker rules and Law of Elections brought to the fore his sound understanding of parliamentary processes, practices and procedures and his legal acumen and knowledge of our election laws. These publications were very well-received by the parliamentary fraternity, the academia, the media and research scholars.
P.D.T. Achary's intimate association in various capacities over a prolonged period with the Lok Sabha Secretariat and especially the Joint Parliamentary Committee on Office of Profit has given him a remarkable understanding of the complexities of the concept, which comes out with rare perception and admirable lucidity in his latest treatise, Office of Profit.
.............................................................................................................................
Description
'Office of Profit' has generated a great deal of interest in the political circles in the past few months. This term, though not clearly understood by many, has become the subject of animated discussion.
Articles 102 and 191 of the Constitution provide for the disqualification of a person from being a member of the Legislature if he holds an office of profit under the Government. However, these Articles empower the Parliament and the State Legislatures to declare by law that a particular office will not disqualify its holder. In pursuance of Article 102, Parliament enacted the Parliament (Prevention of Disqualification) Act, 1959. This Act declares that the offices listed in its various sections do not disqualify their holders. The States, too, have enacted their independent Acts.
The basic problem that arises in the context of 'office of profit' is that this term has not been defined anywhere, ft is interesting to note that neither the English Act nor the Indian Act has attempted to define it. A catena of cases decided by the English courts, the Indian courts and the Tribunals have analysed in clear terms the hitherto undefined term 'office of profit'. As these cases arose under diverse circumstances, each decision of the Court or Tribunal laid emphasis on one or a set of factors. Though no definition of the term is available, much of the obscurity of the law on this subject has been removed through these decisions.
This book is a sincere attempt to explore the frontiers of the law on office of profit and explain it in lucid terms to enable the readers to get a clear view of it. It also traces the history of the evolution of this obscure law. To make the book comprehensive and self-contained, State Acts and the House of Commons Disqualification Act, 1975 and the Parliament (Prevention of Disqualification) Act, 1959, as amended by the 2006 Amendment Act have been given as Annexure.
.............................................................................................................................
Contents
Chapter I. Introductory
Chapter II. The History
Chapter III. Judgements of Indian Courts, Elections Tribunals and Opinions of the Election Commission of India
Chapter IV. The Parliamentary Committee on Offices of Profit and the Act of 1959
Annexure I. Parliament (Prevention of Disqualification) Act, 1959 and the Corresponding States Acts
1. The Parliament (Prevention of Disqualification) Act, 1959
2. The Andhra Pradesh Payment of Salaries and Pension and Removal of
Disqualifications Act, 1953
3. The Arunachal Pradesh Legislature Members (Prevention of Disqualifications)
Act, 1977
4. The Assam State Legislature Members (Removal of Disqualifications) Act, 1950
5. The Bihar Legislature (Removal of Disqualifications) Act, 1950
5A. The Delhi (National Capital Territory of) Members of Legislative Assembly
(Removal of Disqualification) Act, 1997
6. The Goa, Daman and Diu Members of Legislative Assembly (Removal of
Disqualification) Act, 1982
7. The Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960
8. The Haryana State Legislature (Prevention of Disqualification) Act, 1974
9. The Himachal Pradesh Legislative Assembly Members (Removal of
Disqualifications) Act, 1971
10. The Jammu And Kashmir State Legislature (Prevention of Disqualification) Act, 1962
11. The Karnataka Legislature (Prevention of Disqualification) Act, 1956
12. The Madhya Pradesh Vidhan Mandal Sadasya Nirharta Nivaran Adhiniyam, 1967
13. The Maharashtra Legislature Members (Removal of Disqualification) Act, 1956
14. The Manipur Legislature (Removal of Disqualifications) Act, 1972
15. The Prevention of Disqualification (Members of the Legislative Assembly of
Meghalaya) Act, 1972
16. The Mizoram Union Territory Legislature Members' (Removal of Disqualifications
Act, 1975
17. The Nagaland State Legislature Members (Removal of Disqualification) Act, 1964
18. The Orissa Offices of Profit (Removal of Disqualifications) Act, 1961
19. The Pondicherry Members of the Legislative Assembly (Prevention of
Disqualification) Act, 1994
20. The Punjab State Legislature (Prevention of Disqualification) Act, 1952
21. The Rajasthan Legislative Assembly Members (Removal of Disqualification) Act, 1956
22. The Sikkim Legislative Assembly Members Removal of Disqualifications Act, 1978
23. The Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967
24. The Tripura State Legislature Members (Removal of Disqualifications) Act, 1972
25. The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971
26. The West Bengal Legislature (Removal of Disqualifications) Act, 1952
Annexure II. Relevant Extracts from the Constitution of India
Annexure III. Relevant Extracts from the Representation of People Act, 1951
Annexure IV. House of Commons Disqualification Act, 1975
Annexure V. Report of the Committee on Offices of Profit
.............................................................................................................................
Author Details
P.D.T. Achary, presently Secretary-General, Lok Sabha, has been closely associated with the Secretariat of tin- popular House of the Indian Parliament for over 35 years. During these three-and-a-half decades of distinguished service in the Lok Sabha Secretariat, he has held charge of many important Divisions and Departments. His brilliant academic background, coupled with his extensive and illustrious association with different Services of the Lok Sabha, has facilitated a deep insight into the intricacies of the working of our parliamentary institutions, and more particularly the finer details and varied nuances of our parliamentary practices and procedures. He has also had very substantial international experience, having been a member of, or Secretary to, many Indian Parliamentary Delegations attending International Parliamentary Conferences, Widely travelled in India and abroad, his invaluable experience of the working of the parliamentary system has been acknowledged at the Conferences of the Inter-Parliamentary Union (IPU), the Commonwealth Parliamentary Association (CPA), the Association of SAARC Speakers and Parliamentarians, etc. He is also a distinguished member of the Society of Clerks-at-the-Table and the Association of Secretaries-General of Parliaments (ASCP), in which forums he has made acclaimed presentations on parliamentary themes. As a very articulate and forceful speaker, he has for long been on the faculty of the Bureau of Parliamentary Studies and Training, delivering informed Lectures on the operational dynamics of the Indian Parliamentary System at Orientation Programmes, Appreciation Courses and Training Programmes for legislators, civil servants and foreign and Indian parliamentary officials. An author of repute, two of his earlier publications, speaker rules and Law of Elections brought to the fore his sound understanding of parliamentary processes, practices and procedures and his legal acumen and knowledge of our election laws. These publications were very well-received by the parliamentary fraternity, the academia, the media and research scholars.
P.D.T. Achary's intimate association in various capacities over a prolonged period with the Lok Sabha Secretariat and especially the Joint Parliamentary Committee on Office of Profit has given him a remarkable understanding of the complexities of the concept, which comes out with rare perception and admirable lucidity in his latest treatise, Office of Profit.
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