The Andhra Pradesh government’s order on Thursday granting Cabinet rank to Jana Sena Party MLC Konidela Nagababu, who recently took over as Chairman of the AP-GREEN Executive Committee, has triggered an interesting debate in political and media circles.
As per the order, Nagababu is expected to receive around Rs 4.5 lakh in salary and allowances, apart from staff and other facilities applicable to a Cabinet-rank functionary.
The decision has raised questions over whether his new position amounts to an “office of profit.” Since Nagababu is already an MLC, some argue that he may not be entitled to receive salary and other benefits attached to the new post if it attracts disqualification provisions.
Article 191(1)(a) of the Constitution states that a person can be disqualified from being chosen as, or from continuing as, a member of a State legislature if he holds an office of profit under the Government of India or a State government, unless that office has been specifically exempted by law.
The key question, therefore, is whether the post of Chairman of the AP-GREEN Executive Committee constitutes an office of profit and, if so, whether it has been exempted from disqualification through State legislation.
According to one view, merely granting Cabinet rank does not automatically mean that an MLC stands disqualified. The Constitution allows a State legislature to enact laws declaring that certain offices will not disqualify their holders from membership of the legislature.
“Andhra Pradesh has, in the past, provided exemptions for certain posts, including some corporation chairperson positions, through amendments to the AP Payment of Salaries and Removal of Disqualifications Act, 1953,” an analyst said.
Another section, however, argues that the post given to Nagababu could indeed amount to an office of profit.
They point to the 2006 case of Samajwadi Party MP and actress Jaya Bachchan, who was disqualified after being appointed Chairperson of the Uttar Pradesh Film Development Council, a post that was held to be an office of profit.
It now remains to be seen whether Nagababu’s case raises a similar legal issue.
The question is not merely whether he has been granted Cabinet rank or receives remuneration, but whether the AP-GREEN Executive Committee Chairman’s post legally qualifies as an office of profit under Article 191 and whether that specific office has been exempted under Andhra Pradesh law.
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