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Polity & Governance
Mahesh

26/08/22 09:25 AM IST

Office of Profit

In News 
  • The Election Commission of India (ECI) has told Jharkhand Governor Ramesh Bais that Chief Minister Hemant Soren should be disqualified as an MLA for violating electoral norms.
Office of profit 
  • If an MLA or an MP holds a government office and receives benefits from it, then that office is termed an “office of profit”.
  • Disqualification: A person will be disqualified if he holds an office of profit under the central or state government, other than an office declared not to disqualify its holder by a law passed by Parliament or state legislature.
Grounds for Disqualification 
  • Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for an MLA in Article 191.
  • Grounds for disqualification under Constitution- Holding an office of profit under the government of India or state government
  • Being of unsound mind
  • Being an undischarged insolvent
  • Not being an Indian citizen or for acquiring citizenship of another country.
The Supreme Court ruling in 1964
  • Factors which are considered for determination of whether a person holds an office of profit include-
  • Whether the government is the appointing authority
  • Whether the government has the power to terminate the appointment
  • Whether the government determines the remuneration
  • What is the source of remuneration
  • Power that comes with the position
Source- Live Mint 

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