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Centre: House competent to enact office of profit law

Legal Correspondent

New Delhi: The Parliament (Prevention of Disqualification) Amendment Act, 2006 exempting 55 offices from disqualification was constitutionally valid and the House has the legislative competence to enact the law, Additional Solicitor-General Gopal Subramaniam argued in the Supreme Court on Tuesday.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal is hearing petitions filed by the Consumer Education and Research Society and Dinesh Trivedi, MP, challenging the constitutional validity of the law.

Appearing for the Centre, Mr. Subramaniam said though the Act was intended to protect certain sitting MPs, against whom disqualification petitions were pending, it was mainly meant to protect certain offices and prevent disablement of a member.

Justice Raveendran told him: “Among the 55 offices [for exemption], you [government] had included the Santiniketan Development Authority, West Bengal. You could have included offices of all similarly placed development authorities in the country. In exempting only one office, you have made it with reference to the holder and not the office. It seems identification has been done on the basis of people holding the office and not the offices as such.”

Justice Raveendran also referred to the inclusion of the Tripura Khadi and Village Industries Board. “Every State has a Khadi Board or Council, why only the Tripura Board is included? Is it not prejudicial,” he asked and said, “This is discrimination.”

Mr. Subramaniam said the office of profit legislation was a continuous and ongoing exercise.

He will continue his arguments on Wednesday.

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