Office of Profit

  • Recently President rejected a petition demanding disqualification of Delhi MLAs for holding office of profit.
  • Articles 102(1) and 191 (1) mention disqualifications on the basis of Office of Profit in the Parliament and state legislature respectively. However, it is not defined either in the constitution or under Representation of People’s Act.
  • In Pradyut Bordoloi vs Swapan Roy (2001), Supreme Court outlined the following questions for testing for office of Profit:
    • Whether the government makes the appointment;
    • Whether the government has the right to remove or dismiss the holder;
    • Whether the government pays the remuneration;
    • What are the functions of the holder and does he perform ....
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