Subject - Indian Polity & Governance
Chapter : Office of Profit

Office of Profit

Clause (a) of Article 102 of the Constitution of India says a person shall be disqualified for

• Election as a member of Parliament and

• for being (continuing) 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. However, other than an office declared by Parliament by law not to disqualify its holder.

The aim of the provision is to

• prevent conflict of interest between the members of parliament and the executive. To explain, the job of the MP is to hold the executive answerable which he can not do if he is himself a part of the executive.

• secure independence of the MPs. It is not possible if the legislator is a member of the executive.

• ensure that Parliament does not contain persons who have received favours or benefits from the executive and who consequently might be amenable to its influence.

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The exemption from the definition of ‘office of profit’

• However, has been done by Parliament on a case by case and ad hoc basis and not on the basis of any universal definition. In fact there is neither a Constitutional nor statutory definition of “office of profit” One source of clarity on the expression are the rulings of courts. Another source are the Election Commission rulings. .

• On the recommendations of the JPC, it is the Parliament that declares whether an office is non-profit or otherwise. Parliament may do so with retrospective application, according to the Supreme Court verdict in Kanta vs. Menak Chandra case 1970.

The Parliament (Prevention of Disqualification) Amendment Act 2006

• Parliament passed the Parliament (Prevention of Disqualification) Amendment Bill, 2006.

• The primary aim of the Bill was to shield the MPs holding offices that could be interpreted as office of profit. It did so by declaring that these offices were not offices of profit.

• The Bill allowed MPs to continue their membership in Parliament even while holding the offices that were alleged to be offices of profit another point is that the Bill gave retrospective effect to the offices contained in it from 1959. The Bill exempts 56 positions held by 40 members of Parliament.

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