The government is planning to repeal the 65-year-old law that disqualifies MPs from being members of the House for holding an office of profit. In its place, the government is planning to bring a new law which will be in line with the current requirements. The Legal Department of the Union Law Ministry has introduced a draft of the 'Parliament (Prevention of Disqualification) Bill, 2024' as per the recommendations of the Joint Committee on Office of Profit headed by Kalraj Mishra in the 16th Lok Sabha.

The proposed Bill provides for rationalisation of Section-3 of the present Parliament (Prevention of Disqualification) Bill, 1959 and removal of the negative list of posts given in the Schedule whose holders would be disqualified for membership. It also proposes to remove the conflict between the existing law and certain other laws which have clear provisions for no disqualification.

Proposed deletion of section four

The draft bill also proposes to delete section 4 of the existing law relating to "temporary suspension" of disqualification in certain cases. In its place, the central government has been empowered to amend the schedule by issuing a notification. Seeking public opinion on the draft bill, the department reminded that the 'Parliament (Prevention of Disqualification) Act, 1959' was enacted to declare that holders of certain offices of profit in the government shall not be disqualified from membership of Parliament. However, the Act contains a list of posts whose holders shall not be disqualified and also mentions those posts whose holders shall be disqualified.

The committee presented its report

Parliament has amended the Act from time to time. The Joint Parliamentary Committee during the 16th Lok Sabha submitted a report after carrying out a comprehensive review of the Act. The Committee stressed the need for the Law Ministry to take into account the obsolete entries in the current Act. One of its major recommendations was that the term 'office of profit' be defined in a broad manner.