Letter by Shri Jaswant Singh to Shri Pranab Mukherjeeon the issue of Office of Profit

Dear Shri Mukherjee,

Please refer to your letter of 3 April 2006, on the subject of: Parliament (Prevention of Disqualification) Act B&A (P&B), 1959, relating to the subject of Offices of Profit under Article 102 of the Constitution. You have sought my “considered views” on the subject.

You have also very kindly taken the trouble to share with me that on the basis of “informal feedback gathered (by you) recently across all sections, a re-look at the provisions of the said Act, seems to be the consensus”. You have thereafter, specifically sought my views whether amendments to the Act would suffice or “a new comprehensive legislation is required”? and should that legislation be “prospective or retrospective in nature”? You have therefore, sought “a specific input” from me.

I am sure you will appreciate that on the basis of what you have shared with me it would be difficult to suggest any “specific inputs”. For that the primary requirement is for the Government to first share with us its thinking on the subject; to thereafter inform us fully of all the considerations that have gone into your kind letter of April 3, 2006.

We have always held a view that this Act of 1959 is a provision born of the essence of Article 102 of our Constitution.

It would be difficult for me to agree to any dilution of this, or other related provisions, (related that is to Office of Profit) of the Constitution, whether in letter or in spirit. It is only against that litmus paper test that we can, or ought to examine all the various other questions that you have raised: “amendments” versus new “comprehensive legislation”; “prospective” or “retrospective” etc.

I would be disinclined to dilute, what I consider to be the moral and a public obligation of propriety, enjoined upon all elected representatives in the country, indeed al holders of public office. How or why this should at all be tampered with, diluted, amended, begs many questions, even while it dissuades us from proceeding farther down the line.

Even though you have very kindly taken the trouble to ask me to send my reply “early,” you have advised that it should go to the Ministry of Parliamentary Affairs. Accordingly, I am now so doing.

With best regards,

Shri Pranab Mukherjee
Minister of Defence
South Block
New Delhi