Despite protests from the Opposition, the government on Thursday introduced the Legislative Assembly (Removal of Disqualifications) Amendment Bill, designed to facilitate the appointment of CPI(M) veteran V.S. Achuthanandan as chairman of the proposed fourth Kerala Administrative Reforms Commission with Cabinet rank.
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Moving the bill, Law Minister A.K. Balan told the Assembly that the law was not designed with any particular person in mind and that it was only intended to prevent an MLA from attracting disqualification if he or she were to be appointed head of the proposed commission.
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‘Achuthanandan Bill’
Spearheading the Opposition protest to the bill, Leader of the Opposition Ramesh Chennithala said the bill should really be named the ‘V.S. Achuthanandan Bill.’
The appointment of a person to the post of a commission chairman with cabinet rank would entail huge expenditure from the Consolidated Fund. The bill, however, states that no such expenditure would be involved. This is not true. The concept of office of profit was created to prevent legislators from being brought under the control of the executive by positioning them in different government posts, Mr. Chennithala pointed out.
The Supreme Court in Bhagwandas Saigal versus the State of Haryana pointed out that when the legislature moves to exempt a legislator from being disqualified, such a move should be reasonable and due restraint must be exercised. The Court has also indicated that the power of the Assembly does not extend to exempting any post from the purview of the office of profit. As such the Bill is against the spirit of Article 191(1) (a) of the Constitution, he added.
In his speech V.D. Satheesan pointed out that any Bill entailing expenditure from the Consolidated Fund should be accompanied by a financial memorandum. This is missing from this Bill. In his speech, K.C. Joseph termed the Bill a “politically motivated” one.
He also asked why the Bill had been given retrospective effect from 1951. Former finance minister K. M. Mani wanted to know the real aim of the Bill. “If the aim is VS, then we are okay with that. But then say so openly,” he said. If the person being appointed as head of the proposed commission is to be given a salary then the Payment of Salaries and Allowances Act needs to be amended, he added.
In his address M. Ummer termed the Bill a “VS accommodation bill.”
In his reply Mr. Balan said Mr. Achuthanandan would never have to face the plight the late K. Karunakaran faced in the Congress.
Legislator not to be disqualified if appointed head of a commission