An office of loss - The hindu editorial with vocab
September 12, 2016
After the categorical verdict of the Delhi High
Court last month that the Capital is a Union Territory, it was
quite clear that any decision made by Chief Minister Arvind Kejriwal without
the Lieutenant Governor’s approval will be rendered
(cause to be/become) illegal. Counsel for the
Delhi government had to concede (admit/agree) the point in
court, leading to the appointment of 21 Delhi legislators as parliamentary secretaries being set aside. The
appointments, made in March 2015, suffered from multiple legal infirmities.
Apart from the lack of the LG’s concurrence, it raised the question of whether
it was an ‘office of profit’ under the government, something legislators are barred from holding. The penalty stipulated (specify) in the
Constitution for a legislator holding an office of profit is disqualification.
The Election Commission has reserved its verdict on the question whether these
21 MLAs have incurred such
disqualification, and it is possible for the Aam Aadmi Party now to ask the
matter to be closed, citing the court’s setting aside of the appointments. At
the same time, it cannot be denied that the EC could still choose to decide
whether these MLAs had indeed held an office of profit for nearly a
year-and-a-half. They had been rendered further vulnerable after the President
withheld assent to a Delhi Bill to protect them from incurring disqualification
— once again because it was introduced without the LG’s approval.
Mr. Kejriwal could have
avoided this setback had he not given
executive oversight responsibilities to so many of his party’s legislators. In practice,
parliamentary secretaries are junior ministers. In this case, their appointment
could also have been challenged on the ground that after their inclusion(समावेश), the strength of the Council of Ministers had exceeded the
constitutional limit of 10 per cent on the strength of the Delhi Assembly. In
the case of other States, the limit is 15 per cent. In some States,
parliamentary secretaries have been able to stave off disqualification by
getting the post saved from disqualification by legislation. However, no one
has been able to get around the numerical cap on the size of the Ministry under Article 164(1A)
of the Constitution. All told, Mr. Kejriwal got himself into a legal quagmire by seeking to take on the LG
in the belief he had the same leeway (freedom)
as other CMs did. He will continue to maintain that the post of parliamentary
secretary, inasmuch as it entails no salary or perquisites,
(अनुलाà¤) is not an
office of profit. Yet, it cannot be denied that the issue has caused him loss —
of face, of credibility and some of the moral righteousness (morally correct) that propelled him to power.
categorical - adjective - without any doubt or
possibility of being changed
no holds barred – idiom- without
limits or controls
incur verb - to experience something, usually
something unpleasant, as a result of actions you have taken
quagmire noun- a
difficult and dangerous situation (syn-abyss)
perquisites – noun- a benefit which one
enjoys or is entitled to on account of one's job or position
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