Central
Section 5 of The Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998
In the Parliament (Prevention of Disqualification) Act, 1959, in section 3,--
- (i)after clause (ab),the following clause shall be inserted, namely:-- "(ac) the office of 1 [each leader and each deputy leader] of a recognised party and a recognised group in either House of Parliament;";
- (ii)after Explanation 2, the following Explanation shall be inserted, namely:-- Explanation 3.--.In clause (ac),the expressions "recognised party" and "recognised group" shall have the meanings assigned to them in Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities)Act, 1998.'.
Summary
- This section amends section 3 of the Parliament (Prevention of Disqualification) Act, 1959.
- It protects leaders and deputy leaders of recognised parties and groups from being disqualified.
- Holding the office of leader or deputy leader will not disqualify them from being a Member of Parliament.
- It links the terms "recognised party" and "recognised group" directly to their definitions in the 1998 Act.
Practical examples
1Arjun is elected as the deputy leader of a recognised group in Parliament in 2001. A rival claims he should lose his seat in Parliament because his new office is an "office of profit". Under Section 5, Arjun is safe because this office is protected from disqualification.
2Meera, a leader of a recognised party, is worried that her role will lead to disqualification under the 1959 Act. Her advisor shows her Section 5, which added clause (ac) to protect her role, so she continues her duties without worry.
FAQ
1. Which older law is amended by this section?
This section amends the Parliament (Prevention of Disqualification) Act, 1959.
2. Whose offices are protected by this amendment?
The offices of each leader and each deputy leader of a recognised party and a recognised group in either House of Parliament.
3. How are "recognised party" and "recognised group" defined for this amendment?
They have the same meanings given to them in the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998.
Test yourself
Q1.Which Act does Section 5 amend?
Q2.Which clause is inserted after clause (ab) in the amended Act?
Q3.Which roles are covered under the inserted clause (ac)?
Q4.Where does the explanation for "recognised party" in Section 5 get its meaning?
Q5.In which House of Parliament must the protected leader or deputy leader serve?