Amendments in the Parliament (Prevention of Disqualification) Act, 1959

The Union Cabinet today gave its approval for amendments in the Parliament (Prevention of Disqualification) Act, 1959 by introducing of a Bill in Parliament, namely, the Parliament (Prevention of Disqualification) Amendment Bill, 2013.

Section 3 of the Parliament (Prevention of Disqualification) Act, 1959, as amended from time to time, 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.

The National Commission for the Scheduled Castes and Scheduled Tribes was bifurcated 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 (Eighty-ninth Amendment) Act, 2003. By the said amendment Act Article 338 of the Constitution was amended and a new article, namely, Article 338A was inserted 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 (Eighty-ninth Amendment) Act, 2003, came into force from 19th February, 2004 and therefore, it is proposed to give effect to the present amendment from the same date.