Office of Profit

Q.  Which of the following is/are true regarding office of profit?

1) Office of profit is defined in the Representation of the People Act, 1951.
2) Parliament can change rules and laws to allow its members to hold certain offices of profit.
- Published on 15 Jun 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
 
  • A minister in the Union or state government is not considered as holding the office of profit.
  • Also, the Parliament can declare that a particular office of profit will not disqualify its holder from parliamentary membership.
  • There is neither a Constitutional nor statutory definition of “office of profit”.
  • 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.
  • One source of clarity on the expression are the rulings of courts. Another source is the Election Commission rulings.

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