Office of Profit

Context: Allegation against Jharkhand Chief Minister for allegedly allocating a mining lease to himself when he was the mining and forest minister of Jharkhand, which violates Office of Profit norms

About Office of Profit:

• Definition: The office of profit has been interpreted as a position that brings to the office-holder some financial gain, remuneration or benefit. The amount of such profit is immaterial. However, The constitution does not explicitly define the phrase.
• Objective: The intent is to avoid the conflict of interests between the duties and interests of an elected member.

What constitutes an ‘Office of Profit’?

• The conditions has been evolved over decades with subsequent judicial pronouncements. Supreme Court has listed certain factors while considering ‘office of profit’:
  • whether the government is the appointing authority
  • whether the government has the power to terminate the appointment
  • whether the government determines the remuneration
  • what is the source of remuneration
  • the power that comes with the position.

 Constitutional provisions regarding ‘Office of Profit’

• Article 102 (1): A person shall be disqualified for being chosen as a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder.
• Article 191 (1): A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder.
• Provisions of Articles 102(1)(e) and 191(1)(e) also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law.

Statutory provisions related to ‘Office of Profit’

• Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list.

• RPA Act, 1951: Clause 9A of the Act says that a person shall be disqualified if there is a contract involving him in the course of his trade or business with the appropriate Government for the supply of goods to or for the execution of any works undertaken by that Government.

Source: The Indian Express.

Previous Year Questions

Q.1) Consider the following statements: (2019)

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
2. The above-mentioned Act was amended five times.
3. The term ‘Office of Profit’ is well-defined in the Constitution of India.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 3 only
3. 2 and 3 only
4. 1, 2 and 3

Q.2) Consider the following statements:

1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.

Which of the statements given above is/are correct? (2020)

1. 1 only
2. 2only
3. Both 1 and 2
4. Neither 1 nor 2