Consider the following statements regarding the Office of Profit
1. The concept of office of profit has been evolved in USA.
2. It seeks to enforce the principle of separation of power between the legislative, the judiciary and the executive.
3. The term office of profit has not been defined in the Constitution.
4. A sitting President or Vice-President of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit.
Which of the above statement(s) is/are correct?
Consider the following statements regarding the Office of Profit
1. The concept of office of profit has been evolved in USA.
2. It seeks to enforce the principle of separation of power between the legislative, the judiciary and the executive.
3. The term office of profit has not been defined in the Constitution.
4. A sitting President or Vice-President of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit.
Which of the above statement(s) is/are correct?
The correct option is C Only 2, 3 and 4
The idea behind the concept of office of profit – which evolved in England – is to preserve the independence of the legislature by keeping the members away from any temptations from the executive that can come in the way of independent discharge of their duties. It also seeks to enforce the principle of separation of power between the legislative, the judiciary and the executive – a basic feature of the Constitution. The term office of profit has not been defined in the Constitution. But, articles 102 (1) and 191 (1) – which give effect to the concept of office of profit -- prescribe restrictions at the central and state level on lawmakers accepting government positions. Any violation attracts disqualification of MPs or MLAs, as the case may be.
Principles of declaring Office of Profit
Four broad principles have evolved for determining whether an office attracts the constitutional disqualification
1. Whether the government exercises control over appointment, removal and performance of the functions of the office.
2. Whether the office has any remuneration attached to it.
Whether the body in which the office is held has government powers (releasing money, allotment of land, granting licences etc.).
Whether the office enables the holder to influence by way of patronage.
The idea behind the concept of office of profit – which evolved in England – is to preserve the independence of the legislature by keeping the members away from any temptations from the executive that can come in the way of independent discharge of their duties. It also seeks to enforce the principle of separation of power between the legislative, the judiciary and the executive – a basic feature of the Constitution. The term office of profit has not been defined in the Constitution. But, articles 102 (1) and 191 (1) – which give effect to the concept of office of profit -- prescribe restrictions at the central and state level on lawmakers accepting government positions. Any violation attracts disqualification of MPs or MLAs, as the case may be.
Principles of declaring Office of Profit
Four broad principles have evolved for determining whether an office attracts the constitutional disqualification
1. Whether the government exercises control over appointment, removal and performance of the functions of the office.
2. Whether the office has any remuneration attached to it.
Whether the body in which the office is held has government powers (releasing money, allotment of land, granting licences etc.).
Whether the office enables the holder to influence by way of patronage.
