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Disqualification of 20 AAP MLAs
January 22 , 2018
2501 days
1045
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- President has accepted the Election Commission’s (EC) recommendation to disqualify 20 Aam Aadmi Party (AAP) members of the Delhi legislative assembly for holding offices of profit.
- AAP, which has 66 members in the Delhi assembly, will now be reduced to 46 members.
- In September 2016, the Delhi High Court set aside their appointments as parliamentary secretaries.
Office of profit
- If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of profit”.
- A person will be disqualified if he holds an office of profit under the central or state government, other than an office declared not to disqualify its holder by a law passed by Parliament or state legislature.
- According to the provisions of law enshrined in Articles 102 (1) (a) and 191 (1) (a) of the constitution, no MP, MLA or MLC shall hold any position in the government that yields salaries, perquisites or other pecuniary benefits for them. Person found to hold office of profit are eligible for disqualification.
- There is no clear explanation of the terms ‘Office of Profit’ and list of the positions to be considered as ‘Office of Profit’.
- Representation of People Act, 1957 was amended in 1959 and Parliament (Prevention of Disqualification) Act, 1959 was enacted. The Act exempted certain posts from being recorded as offices of profit.
- Parliament Secretary – The post held by the disqualified Aam Aadmi party MLAs is not defined in the exemption list.
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