Important Topic: What is an office of profit?

Important Topics for Competitive Exams


Important Topic

What is an office of profit?

It is a position in the government which cannot be held by an MLA or an MP. The post can yield salaries, perquisites and other benefits. The origin of this term can be found in the English Act of Settlement, 1701. Under this law, "no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons." This was instituted so that there wouldn't be any undue influence from the royal household in administrative affairs.

Why should an MLA or an MP not hold an office of profit?

According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding an office of profit as it can put them in a position to gain a financial benefit. "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament, (a) 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," says the law. Under the Representation of People Act too, holding an office of profit is grounds for disqualification.



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