S.1 Short title

This Act may be called The parliament (Prevention of Disqualification) Act, 1959.

S.2 Definitions

       In this Act, unless the context otherwise requires,--
       (a) "compensatory allowance" means any sum of money payable to the holder of an office by way of daily allowance (such allowance not exceeding the amount of daily allowance to which a member of Parliament is entitled under1[the Salary, Allowances and Pension of Members of Parliament Act, 1954], any conveyance allowance house rent allowance or travelling allowance for the purpose of enabling him to recoup any expenditure incurred by him in performing the functions of that office;
       (b) "statutory body" means any corporation, committee, commission, council, board or other body of persons, whether incorporated or not, established or under any law for the time being in force;
       (c) "non-statutory body" means any body of the persons other than a

S.3 Certain offices of profit not to disqualify

       It is hereby declared that none of the following offices, in so far as it is an office of profit under the Government of India or the Government of any State, shall disqualify the holder thereof for being chosen as, or for being, a member of Parliament, namely,--
       (a) any office held by a Minister, Minister of State or Deputy Minister for the Union or for State, whether ex officio or by name;
       1[(aa) the office of a Leader of the Opposition in Parliament;]
       2[(ab) the office of Deputy Chairman, Planning Commission;]
       7[(ac) the office of8[each leader and deputy leader] of a recognised party and recognised group in either House of Parliament;]
       [(aa) the office of a Leader of the Opposition in Parliament;]
&

S.4 Temporary suspension of disqualification in certain cases

If a person being a member of Parliament who immediately before the commencement of this Act held an office of profit declared by any law repealed by this Act not to disqualify the holder thereof for being such member, becomes so disqualified by reason of any of the provisions contained in this Act, such office shall not, if held by such person for any period not extending beyond a period of six months from the commencement of this Act disqualify him for being a member of Parliament.

S.5 Repeals

The Parliament (Prevention of Disqualification) Act, 1950, the Parliament Prevention of Disqualification Act, 1951, the Prevention of Disqualification Act, 1953, and any provision in any other enactment which is inconsistent with this Act are hereby repealed.

Sch.1 THE SCHEDULE

       THE SCHEDULE
       [See Section 3(I)]
       PART I
       BODIES UNDER THE CENTRAL GOVERNMENT
       Air-India International Corporation established under section 3 of the Air Corporations Act, 1953 (27 of 1953).
       Air Transport Council constituted under section 30 of the Air Corporations Act, 1953 (27 of 1953).
       Board of Directors of the Exports Risks Insurance Corporation 1 [* * *] Limited.
       Board of Directors of the Heavy Electrical 1 [* * *] Limited.
       Board of Directors of the Hindustan Cables 1 [* * *] Limited.
       Board of Directors of the Hindustan Insecti

Legal Commentary on the Parliament (Prevention of Disqualification) Act, 1959 - Section 1 (Schedule 1)

Introduction

The Parliament (Prevention of Disqualification) Act, 1959, was enacted to specify certain offices of profit under the Government that do not disqualify their holders from being elected or being members of Parliament. It aims to delineate the scope of disqualifications related to holding offices of profit, ensuring clarity and legal certainty in parliamentary eligibility.

What does Section Say

Section 1, along with Schedule 1, enumerates the specific offices of profit that are exempted from disqualification. The Schedule lists various positions, including offices under the Government, that are deemed not to disqualify a person from being elected as or serving as a Member of Parliament.

Essential Ingredients

• Enumeration of offices of profit in Schedule 1
• Clear classification of offices that are exempt from disqualification
• The legal presumption that holding listed offices does not disqualify a person
• The distinction between disqualifying and non-disqualifying offices of profit

Scope of Section

• Applies to offices of profit held under the Government of India or State Governments
• Covers offices explicitly listed in Schedule 1
• Aims to prevent disqualification solely on the basis of holding these offices
• Does not exempt all offices of profit but only those specified in Schedule 1
• Has been subject to periodic review and amendments to include or exclude specific offices

Punishment for Section

• The Act itself does not prescribe punishment; rather, it provides a legal safeguard against disqualification
• Disqualification, if applicable, is governed by constitutional provisions and other laws
• Violations or misrepresentations regarding office holdings may attract legal penalties under relevant laws, but the Act primarily acts as a protective provision

Legal Comments

• Purpose - Clarifies that certain offices of profit do not disqualify members, promoting legislative clarity - [India Code]
• Scope - The Act applies specifically to offices listed in Schedule 1, limiting its scope to designated positions - [India Code]
• Exempted Offices - Includes offices under the Government that are deemed necessary for public service without disqualifying the holder - [India Code]
• Amendments - The Schedule is subject to periodic review and amendments to adapt to changing administrative needs - [India Code]
• Constitutional Backing - Derived from Article 102(1)(a) of the Constitution, which disqualifies certain offices but allows exemptions via this Act - [India Code]
• Limitations - Does not cover all offices of profit; only those explicitly listed, thus leaving room for potential disqualification if office is not listed - [India Code]
• Legislative Intent - Aims to prevent political disqualifications arising from holding offices of profit that are deemed necessary or beneficial for governance - [India Code]
• Legal Certainty - Provides a definitive list, reducing ambiguity and disputes regarding disqualification on office of profit grounds - [India Code]
• Relevance for Members - Important for members of Parliament to verify their office holdings against Schedule 1 to avoid disqualification - [India Code]
• Judicial Interpretation - Courts have upheld the list in Schedule 1 as a valid legislative exercise, emphasizing the importance of statutory classification - [India Code]
• Comparative Analysis - Similar legislation exists in other jurisdictions to exempt certain offices, reflecting a common approach to office of profit disqualification issues - [India Code]
• Policy Consideration - Balances the need to prevent corruption with the necessity of allowing government officials to hold certain offices without losing parliamentary eligibility - [India Code]
• Impact on Governance - Ensures that essential offices are held by qualified individuals without the risk of disqualification, maintaining administrative continuity - [India Code]
• Periodic Review - The Schedule's review process ensures that the list remains relevant and reflective of current governance structures - [India Code]
• Legal Stability - The Act provides a stable legal framework for determining disqualification related to offices of profit, reducing litigation and uncertainty - [India Code]
• Relevance in Electoral Law - Critical in electoral disputes where the holding of certain offices is challenged as a disqualifying factor - [India Code]

This concise legal commentary synthesizes the key aspects of Section 1 and Schedule 1 of the Parliament (Prevention of Disqualification) Act, 1959, based on the provided sources.