Political pot on boil over Jaya disqualification

A disqualification is likely to turn into a major political rallying point for the Samajwadi Party in Uttar Pradesh. Party MP Jaya Bachchan was disqualified today as an MP of the Rajya Sabha on the ground that she held an office of profit as chairperson of the UP Films Development Council.

It prompted excited reactions from the party and a demand from the Opposition that President APJ Abdul Kalam also examine the issue of whether Sonia Gandhi's chairmanship of the National Advisory Council (which gets its funds from the Prime Minister's Office) was also an office of profit as were the chairmanship of the Indira Gandhi Memorial and Rajiv Gandhi Foundation and the Jawaharlal Nehru Memorial Trust.

The Congress today sought to dismiss Samajwadi Party charge of masterminding the disqualification of Bachchan from the Rajya Sabha, maintaining that it was the result of a "constitutional-legal process working itself out".

"Rather than making misleading and provocative statements, the SP and its leaders should deal with the problem in accordance with the law. There is absolutely no connection with Mrs Bachchan's case and other examples wrongly cited by the SP", Party Spokesman Abhishek Singhvi said.

Bachchan's disqualification by the President follows the recommendation of the Election Commission and takes retrospective effect from July 14, 2004, when she was appointed to the council post. She was elected to the Rajya Sabha a month earlier.

Bachchan has filed a case in the Supreme Court seeking judicial definition of the term "office of profit". The UP government is examining the issue of whether she can be fielded in this round of Rajya Sabha nominations, after securing her resignation from the council, or whether greater political advantage would accrue to the SP by having her contest a Lok Sabha bye-election when a vacancy arises.

"Having carefully considered the facts on record as contained in the opinion of the Election Commission and being fully satisfied therewith, the President has disqualified Smt Jaya Bachchan from her Rajya Sabha membership," a release said, giving the President's decision on a petition for disqualification filed by Congress leader Madan Mohan Shukla.

The President signed the notification last evening, the release said.

The commission had said that Bachchan attracted disqualification under sub-clause (a) of clause 1 of Article 102 of the Constitution from following her appointment by the UP government as chairperson of the state film development council.

Under Article 102 and 103 of the Constitution, which provides for disqualification of MPs on various grounds, the President decides when a question arises in this regard in consultation with the election commission. After the President's decision, the commission will have to hold a bye-election to the vacancy arising out of her disqualification.

There have been a spate of demands from opposition parties demanding the President take similar action against others holding offices of profit.

The TDP has also sought disqualification of Union Minister T Subbirami Reddy, who is chairperson of the Tirupati Tirumala Devasthanam and Karan Singh, who is heading the Indian Council of Cultural Relations.

Meanwhile, the Bill passed by the UP legislature, exempting 79 posts from the list of offices of profit, appeared to face a temporary glitch with the governor returning it to the government seeking some clarifications.

Samajwadi Party ally, the CPI (M) said the issue of whether a member of Parliament was holding an office of profit should be decided by the legislature and the election commission should decide on such matters only at the time of elections.

Party leaders said the parliamentary committee on offices of profit comprising members of both the Houses had notified posts, which did not fall in this category.

As there was no exhaustive list of such posts. the issue, therefore, should be decided on the basis of "whether the spirit of the law is being violated", Mohammad Salim, CPI(M) deputy leader in Lok Sabha said, adding what would happen to a MP who held such a post but did not take any salary or perks.

To specific queries on the Bachchan case, he said the matter was between the President and the election commission "though it should have been decided by the poll panel at the time of her election".

Salim said the matter fell under the jurisdiction of Parliament as were the issues like the recent MPLADS scandal and the cash-for-query scam.