People's Democracy(Weekly Organ of the Communist Party of India (Marxist)
March 26, 2006
Define Office Of Profit
The Polit Bureau of the Communist Party of India (Marxist) issued the following statement on March 23, 2006.
the Constitution, parliament is empowered to decide on the definition of
“office of profit” and to exempt any office from disqualifying its holder
under the “office of profit” clause. The CPI(M) is of the view that
parliament should immediately undertake legislation in order to put certain
offices held by members of Parliament outside the purview of the “office of
profit” until the parliament comprehensively defines what is an office of
is necessary for Members of Parliament to discharge various responsibilities as
part of public service. It will not be proper to bring all such positions under
the “office of profit” definition. It is unfortunate that Ms. Jaya Bachchan
has been disqualified under the existing law because parliament has so far not
undertaken such an exercise.
is imperative that parliament immediately take up this issue and adopt necessary
legislation so that disqualification under the “office of profit” of Article
102 of the Constitution is not applied sweepingly and indiscriminately.