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What is ‘office of profit’?

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Office of profit is a position in government which cannot be held by Member of Legislative Assembly (MLA) or Member of Parliament (MP). The post can yield salaries, perquisites and other benefits. It has not been defined in Constitution or Representation of the People Act, 1951.

But different courts have interpreted it as position with certain duties that are more or less of public character. However, legislator cannot be disqualified from either Parliament or state assembly for holding any office. It can be done only incase of holding: an office; office of profit; office under union or state government; office exempt by law from purview of disqualificatory provisions. All four conditions have to be satisfied before MP and MLA can be disqualified.

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