National

Sonia did not hold office of profit: panel

NEW DELHI: More than two years after a political controversy broke out, a parliamentary committee has come out with a broad definition of ‘office of profit’, suggesting exemption of three categories. They are: One, ministerial posts in the Union or State governments; two, an office in Parliament or a State legislature (the leader of the opposition, chief whip, parliamentary party leader, etc); and three, advisory offices in the Union or States.

The controversy started in 2006 after a petition sought disqualification of the Samajwadi Party’s Rajya Sabha member, Jaya Bachchan, on the ground that she headed the Film Development Council of Uttar Pradesh, an office of profit.

Subsequently petitions were sent to the then President, A.P.J. Abdul Kalam, seeking disqualification of several MPs, including Congress president Sonia Gandhi and even the Speaker.

Ms. Gandhi resigned her Lok Sabha seat and as Chairperson of the National Advisory Council before any decision was taken on the petition against her. She contested again in Rae Bareli and won the seat.

Now the joint parliamentary committee, chaired by Kishore Chandra S. Deo and comprising members of both Houses, in its report tabled in Parliament, has said advisory positions would not be considered offices of profit. In short, Ms. Gandhi’s position was not an office of profit.

The committee said the separation of the executive and legislative powers must be kept in mind for, that was a constitutional principle. And there should be no conflict of duty and interest arising out of a legislator’s job as MP and as member of the executive of an office he or she holds.

In general, the committee defined an office of profit as one which is under the control of the government of India or a State government whether or not that position carries a salary or some remuneration paid out of public revenue. A position in a body that is wholly or partially owned by the government at the Centre or in the States would also be considered an office of profit.

If a person holding a position has executive powers delegated by the government that include disbursement of funds or allotment of land or licences, making appointments or performing judicial or quasi-judicial functions, that would also be an office of profit. Finally, an office which entitles the holder to draw a salary or remuneration irrespective of whether he or she actually draws any money would be an office of profit. In short, all offices under the government of India and the States would be offices of profit, except ministerial or legislative positions.

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