THE PARLIAMENT
(PREVENTION OF DISQUALIFICATION) AMENDMENT ACT, 2013 [Act No. 28 of 2013] [20th September,
2013] An Act further to
amend the Parliament (Prevention of Disqualification) Act, 1959. Be
it enacted by Parliament in the Sixty-fourth Year of the Republic of India as
follows:-- (1) This Act may be called the Parliament (Prevention
of Disqualification) Amendment Act, 2013. (2) It shall be deemed to have come into force on the
19th day of February, 2004. In section 3
PARLIAMENT (PREVENTION OF DISQUALIFICATION) AMENDMENT ACT, 2013[REPEALED]
Preamble - THE PARLIAMENT (PREVENTION
OF DISQUALIFICATION) AMENDMENT ACT, 2013PREAMBLE
"(ii)
the National Commission for the Scheduled Castes constituted under clause (1)
of article 338 of
the Constitution;
(iia)
the National Commission for the Scheduled Tribes constituted under clause (1)
of article 338A of
the Constitution;".
Statement of Objects and Reasons -
PARLIAMENT (PREVENTION OF DISQUALIFICATION) AMENDMENT ACT, 2013
STATEMENT OF OBJECTS
AND REASONS
1.
Sub-clause
(a) of clause (1) of article 102 of the Constitution provides that a person
shall be disqualified for being chosen as, and for being a member of either
House of Parliament, if he holds any office of profit under the Government of
India or the Government of any State, other than an office declared by
Parliament by law not to disqualify its holder. In pursuance of this provision,
the Parliament (Prevention of Disqualification) Act, 1959 was enacted to exempt
certain offices, holding of which will otherwise subject the holder of such
office to disqualification.
2.
Section
3 of the Parliament (Prevention of Disqualification) Act, 1959, as amended from
time to time, lists certain offices of profit under the Government of India or
the Government of any State, which do not disqualify the holders thereof for being
chosen as, or for being, a Member of Parliament. Sub-clause (ii) of clause (ba)
of section 3 of the said Act, exempts the Chairperson of the National
Commission for the Scheduled Castes and Scheduled Tribes from incurring
disqualification.
3.
The
National Commission for the Scheduled Castes and Scheduled Tribes was
bifurcated into two independent Commissions i.e., (i) the National Commission
for the Scheduled Castes; and (ii) the National Commission for the Scheduled
Tribes by the Constitution (Eighty-ninth Amendment) Act, 2003. By the said
Constitution amendment Act, article 338 of the Constitution was amended and a
new article, namely, article 338A was inserted in the Constitution. With the
bifurcation of the National Commission for the Scheduled Castes and Scheduled
Tribes, consequential amendments are required in sub-clause (ii) of clause (ba)
of section 3 of the Parliament (Prevention of Disqualification) Act, 1959, so
as to exclude the Chairperson of the National Commission for the Scheduled Castes
and the Chairperson of the National Commission for the Scheduled Tribes from
incurring any disqualification for being chosen as or for being, a Member of
Parliament. The Constitution (Eighty-ninth Amendment) Act, 2003, came into
force from 19th February, 2004 and therefore, it is proposed to give effect to
the amendment in the Bill with effect from the same date.
4.
The
Bill seeks to achieve the above objects.