Integrated Guidance Programme of General Studies for IAS
(Pre)
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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Notes:
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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Notes:
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