Office of Profit

An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit.

Constitutional Provisions: The expression 'office of profit' is mentioned in Article 102 and Article 191 of the Constitution.

Judicial Pronouncements

  • The Supreme Court in Pradyut Bordoloi vs Swapan Roy (2001) outlined the four broad principles for determining whether an office attracts the constitutional disqualification.
    • First, whether the government exercises control over appointment, removal and performance of the functions of the office
    • Second, whether the office has any remuneration attached to it
    • Third, whether the body in which the office is held ....
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