Office of profit
Encyclopedia
An office of profit is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the separation of powers
.
and Act of Union 1707 are an early example of this principle. The Act of Settlement provided that
which bars a member of the Indian Parliament
from holding an office that would give its occupant the opportunity to gain a financial advantage or benefit.it refers to a post under central\state government which yields salaries,perks and other benefits. The actual amount of profit gained during the violation has no bearing on its classification. The political concept behind the law most likely originated in England
, and was adopted into the Indian Constitution to prevent a conflict of interest.
In 2006, Indian National Congress
President and MP, Sonia Gandhi
, resigned several posts under pressure from political opposition who asserted that the posts were 'offices of profit' and thus unlawful.
Jaya Bachchan
was disqualified from the Rajya Sabha
, while she was also chairperson of the Uttar Pradesh Film Development Council, therefore it was deemed an office of profit.
. By tradition, resignation from the House of Commons is impossible. An MP who wishes to resign has first to accept an office of profit under the Crown, thus vacating his seat. Members who wish to retire ask to be appointed to the office of steward or bailiff of Her Majesty’s Chiltern Hundreds
of Stoke
, Desborough
and Burnham
, or steward of the Manor of Northstead
. While these ancient posts have no responsibilities attached to them, they fulfill the requirements of the law and disqualify Members from sitting, enabling their retirement.
from the government of a foreign state, and that a person who holds an office of trust or profit under the United States cannot be an elector in presidential elections.
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
.
Origin
The English Act of Settlement 1701Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
and Act of Union 1707 are an early example of this principle. The Act of Settlement provided that
no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons;
India
The term is used in Article 102 (1)(A) of the Indian ConstitutionConstitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
which bars a member of the Indian Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
from holding an office that would give its occupant the opportunity to gain a financial advantage or benefit.it refers to a post under central\state government which yields salaries,perks and other benefits. The actual amount of profit gained during the violation has no bearing on its classification. The political concept behind the law most likely originated in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, and was adopted into the Indian Constitution to prevent a conflict of interest.
In 2006, Indian National Congress
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
President and MP, Sonia Gandhi
Sonia Gandhi
Sonia Gandhi is an Italian-born Indian politician and the President of the Indian National Congress, one of the major political parties of India. She is the widow of former Prime Minister of India, Rajiv Gandhi...
, resigned several posts under pressure from political opposition who asserted that the posts were 'offices of profit' and thus unlawful.
Jaya Bachchan
Jaya Bachchan
Jaya Bhaduri Bachchan is an Indian actress and politician. She is an alumna of the Film and Television Institute of India, Pune. Bachchan is the wife of Amitabh Bachchan, and is the mother of Shweta Bachchan-Nanda and Abhishek Bachchan...
was disqualified from the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
, while she was also chairperson of the Uttar Pradesh Film Development Council, therefore it was deemed an office of profit.
United Kingdom
In Britain, the principle has been eroded. As a parliamentary system, the executive sits in the legislature, and from the nineteenth century ministries were invariably led by members of Parliament or Peers. Until 1919, members of parliament who were appointed to ministerial office lost their right to sit in the Commons and had to seek re-election. The rule survives in the House of Commons Disqualification Act which specifies a number of state positions that make an individual ineligible to serve as a member of parliament. The last vestige of the rule can be seen through the process of resignation from the House of CommonsResignation from the British House of Commons
Members of Parliament sitting in the House of Commons in the United Kingdom are technically forbidden to resign. To circumvent this prohibition, a legal fiction is used...
. By tradition, resignation from the House of Commons is impossible. An MP who wishes to resign has first to accept an office of profit under the Crown, thus vacating his seat. Members who wish to retire ask to be appointed to the office of steward or bailiff of Her Majesty’s Chiltern Hundreds
Chiltern Hundreds
Appointment to the office of Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham is a sinecure appointment which is used as a device allowing a Member of the United Kingdom Parliament to resign his or her seat...
of Stoke
Stoke (hundred)
Stoke Hundred is a hundred in Buckinghamshire, England. It is situated in the south of the county and is bounded on the east by Middlesex and on the south by Berkshire.-History:...
, Desborough
Desborough (hundred)
Desborough Hundred is a hundred in Buckinghamshire, England. It is situated in the south of the county and is bounded on the west by Oxfordshire and on the south the River Thames marked the boundary with Berkshire.-History:...
and Burnham
Burnham, Buckinghamshire
Burnham is a village and civil parish that lies north of the River Thames in the South Bucks District of Buckinghamshire, and sits on the border with Berkshire, between the towns of Maidenhead and Slough. It is served by Burnham railway station in the west of Slough on the main line between London...
, or steward of the Manor of Northstead
Manor of Northstead
The Manor of Northstead was once a collection of fields and farms in the parish of Scalby in the North Riding of Yorkshire in England. By 1600, the manor house had fallen into disrepair and was occupied only by a shepherd. At present the Manor is part of the Barrowcliff area of the town of...
. While these ancient posts have no responsibilities attached to them, they fulfill the requirements of the law and disqualify Members from sitting, enabling their retirement.
United States of America
The framers of the US Constitution adopted a similar position. The US Constitution provides that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." Similarly, it provides that individuals holding an office of profit or trust under the United States are forbidden, without the consent of the Congress, from receiving any emolumentsRemuneration
Remuneration is the total compensation that an employee receives in exchange for the service they perform for their employer. Typically, this consists of monetary rewards, also referred to as wage or salary...
from the government of a foreign state, and that a person who holds an office of trust or profit under the United States cannot be an elector in presidential elections.
External links
- Office of profit and disqualification, The Hindu, April 2006
- Just what is an office of profit?, Rediff, March 2006
- The Encyclopædia Britannica Eleventh Edition's article on "office" contains a section about the concept