Lok Sabha Passed the Parliament (Prevention of Disqualification) Amendment Bill, 2013

The Lok Sabha on 6 September 2013 passed the Parliament (Prevention of Disqualification) Amendment Bill, 2013 for keeping the chairpersons of National Commissions for the SC and ST out of purview of office of profit. The Bill has already been passed by the Rajya Sabha. The Bill seeks to include National Commissions for the SC and ST in list of those offices which have no affect by the office of profit clause.

The Bill is meant to amend the Parliament (Prevention of Disqualification) Act, 1959. It is important to note that Union Cabinet of India on 9 May 2013 gave its approval to Amendments in the Parliament (Prevention of Disqualification) Act, 1959 by introducing a Bill in the Parliament named Parliament (Prevention of Disqualification) Amendment Bill, 2013.

The Section 3 of the Parliament (Prevention of Disqualification) Act, 1959, has been amended time to time. It 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. The Chairperson of the National Commission for Scheduled Castes and Scheduled Tribes is exempted from such disqualification under Sub-clause (ii) of clause (ba) of section 3 of the Parliament (Prevention of Disqualification) Act, 1959.

By the 89th Amendment Act of 2003 of the Constitution of India, the National Commission for Scheduled Castes and Tribes was bifurcated into two independent Commissions namely the National Commission for the Scheduled Castes and the National Commission for the Scheduled Tribes. With the 89th amendment Act Article 338 of the Constitution was amended and a new article, namely, Article 338A was inserted in the Constitution.