New Delhi, June 1
Constitution expert and former Secretary-General of the Lok Sabha Subhas C. Kashyap has cautioned the UPA government that if it tries to resubmit the Office of Profit Bill, returned to the two Houses of Parliament by President A.P.J. Abdul Kalam, then “it will be blatantly be violative of the Constitution.”
In a statement here today, Mr Kashyap stressed that the constitutional requirement was categorical and the use of “shall” made it obligatory for the two Houses to reconsider the Bill returned to it by Mr Kalam. Whether they do it in the monsoon session as now scheduled or decide to prepone the session for the purpose is for the government to decide.
Noting that if the Bill is passed again by the two Houses with or without any amendment, Mr Kalam shall not withhold his assent. “However, despite this provision if the President in his wisdom finds the Bill to be violative of the letter and spirit of the Constitution, he has the option of seeking the advice of the Supreme Court under Article 143 of the Constitution.”
After all, Mr Kashyap observed that Mr Kalam would not like to face the odium of something done under his signature to be later found to be unconstitutional. “The President is motivated by the single desire of doing the right thing and upholding the Constitution,” he added.
Commending Mr Kalam for showing great wisdom and sagacity in returning the Bill for reconsideration and urging them to consider the desirability of introducing certain amendments, Mr Kashyap said the President seems to have become wiser and more careful after the sad experience in the Bihar Assembly dissolution case, where he was made to sign the Presidential Proclamation at midnight and the Supreme Court later declared it unconstitutional.
Article 111 clearly provides that the President may return a Bill to the two Houses for reconsideration.
