Understanding Disqualification of Parliament Members: Office of Profit

The Constitution of India lays down specific criteria for a person to be qualified to be chosen as, and for continuing as, a member of either House of Parliament (Lok Sabha or Rajya Sabha). One significant ground for disqualification is holding an 'office of profit' under the Government.

An 'office of profit' is generally understood as a position under the central or state government that brings some financial gain or advantage. The underlying principle is to prevent conflicts of interest and ensure that members of Parliament can discharge their duties without being influenced by pecuniary interests from executive positions.

Constitutional Article on Disqualification for Office of Profit

The specific provision dealing with the disqualification of Members of Parliament for holding an 'office of profit' is found in Article 102 of the Constitution of India.

Article 102(1) states:

• 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;
• (b) if he is declared by a competent court to be of unsound mind;
• (c) if he is an undischarged insolvent;
• (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
• (e) if he is so disqualified by or under any law made by Parliament.

Clause (1)(a) explicitly addresses the 'office of profit' disqualification.

Analysis of the Options

Let's examine the given options:

• Article 102: As discussed above, Article 102 specifically deals with the grounds for disqualification for membership of Parliament, including holding an office of profit.
• Article 104: Article 104 pertains to penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified. It does not define the grounds for disqualification itself, but rather the consequence of sitting when disqualified.
• Article 98: Article 98 deals with the Secretariat of Parliament. It has no relation to disqualification of members.
• Article 100: Article 100 deals with voting in Houses, power of Houses to act notwithstanding vacancies and quorum. It is unrelated to disqualification grounds.

Based on the constitutional provisions, Article 102 is the correct article that provides for the disqualification of a member of Parliament for holding any 'office of profit'.

Revision Table: Articles of Parliament

Additional Information on Office of Profit and Parliament

The concept of 'office of profit' has been a subject of debate and judicial interpretation. Parliament also has the power under Article 102(1)(a) to make a law declaring certain offices not to disqualify their holders. The Parliament (Prevention of Disqualification) Act, 1959, is one such law that exempts certain offices from being considered 'offices of profit' for the purpose of disqualification of MPs. The final decision on whether a member is disqualified rests with the President, who acts according to the opinion of the Election Commission of India.

Understanding the disqualification criteria is crucial for the integrity and functioning of Parliament.