Q. With respect to the ‘Office of Profit’, consider the following statements:
It has not been defined in the Constitution.
It is defined in the Representation of the People Act, 1951.
According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding an office of profit.
Which of the statements given above is/are correct? Answer:
Only 1 & 3
Notes:
Office of Profit is a position in the government which cannot be held by an MLA or an MP.
The post can yield salaries, perquisites and other benefits.
According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding an office of profit as it can put them in a position to gain a financial benefit. Under the RPA 1951 too, holding an office of profit is grounds for disqualification.
The expression “office of profit” has not been defined in the Constitution or in the Representation of the People Act, 1951.