Published on: November 9, 2021

DISQUALIFICATION FOR OFFICE OF PROFIT

DISQUALIFICATION FOR OFFICE OF PROFIT

NEWS

The Election Commission has noted that the 22 Biju Janata Dal MLAs who were appointed as chairpersons of various district planning committees and special development councils do not attract disqualification for holding an office of profit.

OFFICE OF PROFIT

  • If an MLA or an MP 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.
  • Criteria to disqualify
    • Basic disqualification criteria for an MP are 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