The State Cabinet has cleared suggested amendment to The Legislative Assembly (Removal of Disqualifications) Amendment Bill, thus clearing main hurdle to CPI(M) veteran V.S. Achuthanandan being appointed chairman of the proposed fourth Kerala Administrative Reforms Commission with Cabinet rank.
The amendment to The Legislative Assembly (Removal of Disqualifications) Act of 1951, seeks to ensure that Mr. Achuthanandan, who is currently a member of the Kerala Assembly, does not attract disqualification if appointed chairman of the Administrative Reforms Commission which is an office of profit.
Under sub-clause (a) of clause (1) of Article 191, member of the Legislative Assembly shall be disqualified if he or she holds any office of profit under the Government of India or any of the State governments, other than an office declared by law. In Mr. Achuthanandan’s case, he would have to be insulated against disqualification even if he becomes the Commission chairman with appropriate change in the Act.
The Act was last amended in 2012 to insulate P.C. George from disqualification when he was appointed Government Chief Whip. Chief Minister, Ministers, Speaker, Deputy Speaker, Leader of the Opposition and Chief Whip are covered by the Payment of Salaries and Allowances Act, 1951.
However, in the absence of specific mention about all these posts in The Legislative Assembly (Removal of Disqualifications) Act, 1951, there arose confusion on whether the offices of the Leader of the Opposition and Chief Whip are covered by the Act. The 2012 amendment was brought in to clarify the position.
At the national level, Congress president Sonia Gandhi had to resign and seek re-election in 2006 when she took over as chairperson of the National Advisory Council.
