- What is the ‘office of profit’ and mention about its constitutional position? Can exemptions be granted under the law? Discuss. (10 marks) (150 Words).
Answer: Generally, MPs and MLAs hold the government accountable for its work. When legislators hold an ‘office of profit under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
Office of profit is defined as when any public representative and civil servant receives benefits from any organizations other than his office of incumbency, then that office is termed as “office of profit”. The office of profit law simply seeks to enforce a basic feature of the Constitution the principle of Separation of power between legislature and executive, but nowhere it’s clearly defined in the Constitution.
Under Article 102(1) and Article 191(1) of the Constitution, an MP or an MLA is barred from holding any office of profit under the Central or State government.
Recently, the Election Commission issued notice to Jharkhand chief minister in reference that his holding an “Office of Profit” by granting a mining lease to himself in 2021.
In the recent past, several legislatures have enacted laws exempting certain offices from the purview of the 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 such as Ministers of State and Deputy Ministers, Parliamentary Secretaries and Parliamentary Under Secretaries, and Deputy Chief Whips in Parliament.
Hence, the Office of Profit, although not clearly mentioned in the Constitution, holds great significance by enabling the public servants to adhere to the constitutional mandate.
