PARLIAMENTARY DEBATES 709
(35)
PARLIAMENT—PREVENTION OF DISQUALIFICATION BILL
- The Minister of Law (Dr. Ambedkar): I beg to move :
“That the Bill to declare certain offices of profit not to dsqualify their holders for being members of Parliament, be taken into consideration.”
Sir, this Bill is really an Act of indemnity for certain persons who, if the Bill was not brought into operation, would become disqualified for being Members of Parliament under the provisions of Article 102 of the Constitution, which says that if any person were to hold an office of profit, he would be disqualified for being a Member of Parliament. Unfortunately it so happened that there are Members of Parliament, who for reasons which I will very briefly refer to did come under the provisions of Article 102. For the reasons which I am going to submit to the House, Government feels that it is only right that the disqualification should be removed by a law made by Parliament.
With regard to the question of the office of profit it is necessary for the House to remember that this provision is a very ancient one and has been imcorporated in the various Acts of the Government of India that have laid down the Constitution of this country. To begin only with the Act of 1935, there existed section 26 which related to matters regarding holders of office of profit under the Government. Since the federal part of the Act of 1935 did not come into operation that section did not apply to the Central Legislature as was then existing, but section 69 which was the corresponding provision in the Provincial part did apply to the Provincial Legislatures.
As the House knows, in 1946 a Constituent Assembly was convened for the purpose of drafting the Constitution. In that
- P.D., Vol. 14, Part II, 7th August 1951, pp. 34-40.