office of profit

A person is disqualified from being chosen as, or being, a member of Parliament or a State Legislature if he holds an office of profit under the Government of India or a State Government, other than an office exempted by law. The rule protects the independence of the legislature from executive influence.

Courts apply several tests: whether the government appoints and can remove the holder, pays him, controls his functions, and whether the office carries a pecuniary gain. What matters is whether the office is capable of yielding profit, not whether the holder actually drew it. Parliament has exempted many posts by the Parliament (Prevention of Disqualification) Act, 1959.

Example

As chairperson of a state film corporation entitled to an honorarium, the MP held an office of profit, even though she drew nothing.

In Indian law

• Articles 102(1)(a) and 191(1)(a), Constitution of India
• Jaya Bachchan v. Union of India, 2006 INSC 302

See also

separation of powers · anti-defection law

Read more in the study notes

• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• The President of India (Constitutional Law II)
• The Governor (Constitutional Law II)
• India: the President, the Prime Minister and the Council of Ministers (Political Science - Major World Governments)
• The Central and State Information Commissions: constitution, tenure and removal (Right to Information)