Cabinet decides to amend law to give VS key post

The chances of CPI(M) veteran V.S. Achuthanandan being appointed chairman of the proposed fourth Kerala Administrative Reforms Commission with Cabinet rank without any further delay has brightened with the State Cabinet clearing an amendment to The Legislative Assembly (Removal of Disqualifications) Amendment Bill on Monday. The amendment to The Legislative Assembly (Removal

of Disqualifications) Act of 1951, to be tabled in the ongoing session of the Kerala Assembly, seeks to ensure that Mr. Achuthanandan, who is currently a member of the Assembly, does not attract disqualification if appointed chairman of the Administrative Reforms Commission, which is an office of profit. Under sub-clause (a) of clause (1) of Article 191, a member of the Legislative Assembly is liable to be disqualified if he or she holds any office of profit under the Government of India or any of the State governments, other than an office mentioned in the 1951 Act as amended in 2012.

Last amendment

The Act was last amended in 2012 to insulate P.C. George from disqualification when he was appointed Government Chief Whip.

Chief Minister, Ministers, Speaker, Deputy Speaker, Leader of the Opposition, and Chief Whip are covered by the Payment of Salaries and Allowances Act, 1951. However, in the absence of specific mention of these posts in the 1951 Act, there arose confusion about whether the offices of the Leader of the Opposition and Chief Whip exempt from the provision for disqualification.

Specific mention of these posts was included through the 2012 amendment. Through the upcoming amendment, a legislator taking up the post of chairman of the Administrative Reforms Commission would also stand insulated from disqualification.

At the national level, Congress president Sonia Gandhi had to resign and seek re-election in 2006 when she took over as chairperson of the National Development Council.

The State has so far had three Administrative Reforms Commission, the first led by E.M.S. Namboodiripad, formed in 1957, the second led by former ICS officer M.K. Vellodi formed in 1965, and the third chaired by E.K. Nayanar formed in 1997.