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

September 9, 2013

The Lok Sabha 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. Previously, on May 9, 2013, Union Cabinet of India gave its nod to Amendments in the Parliament (Prevention of Disqualification) Act, 1959.

What is Parliament (Prevention of Disqualification) Act, 1959?

Section 3 of the Parliament (Prevention of Disqualification) Act, 1959, which has been periodically amended, 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. Sub-clause (ii) of clause (ba) of section 3 of the Parliament (Prevention of Disqualification) Act, 1959, exempts the Chairperson of the National Commission for Scheduled Castes and Scheduled Tribes from such disqualification.

What these amendments have been made?

The National Commission for the Scheduled Castes and Scheduled Tribes was divided into two independent Commissions i.e. (i) the National Commission for the Scheduled Castes and (ii) the National Commission for the Scheduled Tribes by the Constitution (89^th Amendment) Act, 2003.
Through this amendment Act, Article 338 of the Constitution was amended and a new article, namely, Article 338A was introduced in the Constitution. With the bifurcation of the National Commission for the Scheduled Castes and Scheduled Tribes, consequential amendments are required in sub-clause (ii) of clause (ba) of section 3 of the Parliament (Prevention of Disqualification) Act, 1959, so as to exclude the Chairperson of the National Commission for the Scheduled Castes and the Chairperson of the National Commission for the Scheduled Tribes from incurring any disqualification for being chosen as or for being a Member of Parliament.
The Constitution (89th Amendment) Act, 2003, came into force from February 19, 2004 and therefore, it is proposed to give effect to the present amendment from the same date.