EC notice to Jharkhand CM on office of profit charge

Context

The Election Commission (EC) has sent a notice to Jharkhand CM over an office-of-profit charge against him for allotment of a mining lease in his name last year.

What is ‘Office of Profit’?

• MPs and MLAs, as members of the legislature, hold the government accountable for its work.
• The essence of disqualification is if legislators hold an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
• The intent is that there should be no conflict between the duties and interests of an elected member.
• Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.

Factors constituting an ‘office of profit’

• The 1959 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. The amount of such profit is immaterial.
• In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment.
• Several factors are considered in this determination including factors such as
• whether the government is the appointing authority
• whether the government has the power to terminate the appointment
• whether the government determines the remuneration
• what is the source of remuneration
• the power that comes with the position