Office of Profit

Abstract

In India, the concept of of disqualifying the holder was imported from Britain and it made its appearance for the first time in the Act of 1909, which embodied the Morley-Minto Reforms proposals . The basic idea was — and remains — that the legislators should not be vulnerable to temptations an executive can offer. The framers of the Constitution thoughtfully incorporated Article 102 (1) and 191 (1), prescribing the restrictions at the Central and State levels. In the Indian Constitution Art.102 and Art.191 deals with disqualification of members of Parliaments and state legislature respectively. Art.102 (1) (a) provides for the disqualification of the membership of either house of parliament and it reads as follows: 102. Disqualification for membership — (1) a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament — (a) if he holds any office of profit under the government of India or the government of any state, other than an office declared by parliament by law not to disqualify its holder.