BJP sees chink in Sonia's House membership

A law passed in 1959 appears to have sealed the fate of Samajwadi Party MP Jaya Bachchan and swung opinion in the Election Commission to recommend her disqualification as a Rajya Sabha MP.

The BJP-led opposition said it would consider the legal implications of Sonia Gandhi's Lok Sabha membership and her chairmanship of the National Advisory Council "very very carefully"; and if so advised, might petition the Election Commission and President APJ Abdul Kalam for her disqualification.

"The president is examining the issue. He is consulting legal and constitutional experts," a Rashtrapati Bhavan spokesman said.

The Election Commission (EC) has recommended Jaya Bachchan's disqualification because she holds an office of profit as the Chairperson of UP Film Development Board.

Under the Constitution, the President decides whether a sitting member has incurred disqualification in consultation with the EC.

Article 102 (1)(a) bars an MP from holding an office of profit under the Government of India or in any state other than an office declared by the Parliament by law not to disqualify its holder.

What goes against Bachchan is that the law clearly lays down the offices an MP can hold and still not be disqualified.

Passed in 1959, the law says the following are offices of profit an MP can hold: the office of a leader of the opposition in Parliament; the office of chief whip, deputy chief whip or whip in Parliament or of a Parliamentary secretary; membership of any force raised or maintained under the National Cadet Corps Act, 1948 (31 of 1948), the Territorial Army Act, 1948 (56 of 1948), or the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952), membership of a Home Guard, sheriff in the city of Bombay, Calcutta or Madras, the office of chairman or member of the Syndicate, Senate, executive committee, council or court of a university or any other body connected with a university, the office of a member of any delegation or mission sent outside India by the government for a special purpose.

Bachchan says it is not the Cabinet rank conferred on her which caused the problem, but the word "facilities" which has been used interchangeably with "salary" and "allowance".

Pointing out that a large number of elected politicians have been granted Cabinet rank with "facilities", both in states and at the Centre, she also said hearing of the matter before one member of the commission was "unconstitutional".

In view of the above facts, she said "it is necessary in the interest of justice to give a copy of the opinion to me, to hear my side before passing any orders.".

Meanwhile, in a letter to the President, Samajwadi Party General Secretary Amar Singh said Bachchan, as chairperson of the Board, was holding a "non-remunerative post" and that the Commission's recommendation be rejected.