Office of Profit.

Recently, the Election Commission issued notice to Jharkhand chief minister on a reference that he held an “office of profit” by granting a mining lease to himself in 2021.

About Office of Profit

• The law does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments.
• An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit.
• Under Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government.
• The articles clarify that “a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister”.