2019 – Posted in: Daily News

OFFICE OF PROFIT

For: Mains

Topics covered:

About Punjab State Legislature (Prevention of Disqualification) Act, 1952
About the Office of Profit

News Flash

Punjab council of ministers decided to bring an ordinance to exclude the appointments of the adviser (political) and advisor (planning) to the CM from the ambit of the office of the profit.

What

The ordinance will amend the Punjab State Legislature (Prevention of Disqualification) Act, 1952, to add these posts to the list of posts that are not considered the office of profit for the purpose of disqualification of MLAs.
With the amendment, the MLAs, who have been appointed advisors, will not be disqualified.
The council of ministers approved the addition of clause (q) after clause (p) by making amendments in section-2 of the Act as under “(q) the office of Advisor (Political) to Chief Minister/Advisor (Planning) to Chief Minister.

Background

The Punjab government had appointed six minister-rank advisors to the chief minister.
This move was described by the Opposition as an attempt to circumvent the constitutional cap on the cabinet size and “daylight robbery” of the state exchequer.

Punjab State Legislature (Prevention of Disqualification) Act, 1952

The act had been enacted in terms of Article 191 of the Constitution of India, to declare certain offices of profit as not disqualifying the holders of such office from being members of the State Legislature.

Office of Profit

If an MP or an MLA holds a government office and receives benefits from it, then that office is termed as an “office of profit”.
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.

Disqualification of an MP or MLA

The criteria for the disqualification for an MP is laid down in Article 102 of the Constitution, and for an MLA in Article 191.

They can be disqualified for:

Holding an office of profit under 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.

Source: Indian Express