The Council of Ministers led by Chief Minister Captain Amarinder Singh on Thursday decided to bring an Ordinance to exclude Advisor (Political) to Chief Minister and Advisor (Planning) to Chief Minister from the ambit of the “The Punjab State Legislature (Prevention of Disqualification) Act, 1952.”The Ordinance will amend the law to add these posts to the list of posts that are not considered office of profit for the purpose of disqualification of MLAs. With the amendment, these MLAs will not be disqualified, said an official spokesperson after the Cabinet meeting.“The Punjab State Legislature (Prevention of Disqualification) Act, 1952” had been enacted in terms of Article 191 of the Constitution of India, to declare certain offices of profit as not disqualifying the holders of such office from being Members of the State Legislature.
Enacted in 1952, the Act has undergone minor amendments from time to time. However, such amendments have not taken into account the complexity of modern day governance. Further, these amendments to the said Act have not taken into account the reports and studies of the various Parliamentary Committees which addressed the issue of office of profit. Therefore, the Cabinet felt the need to amend section-2 of “The Punjab State Legislature (Prevention of Disqualification) Act, 1952”.
The Council of Ministers approved the addition of clause (q) after clause (p) by making amendment in section-2 of “The Punjab State Legislature (Prevention of Disqualification) Act, 1952” as under “(q) the office of Advisor (Political) to Chief Minister/Advisor (Planning) to Chief Minister.”The Council of Ministers also authorised to approve and recommend the draft ordinance to the Punjab Governor for its promulgation. Under Article 213 of the Constitution of India, if at any time, except when the legislative Assembly of the State is in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. As the Punjab Legislative Assembly is not in session, therefore, the Governor is competent to promulgate the proposed Ordinance, the spokesperson pointed out.