People's Democracy

Define Office Of Profit

The Polit Bureau of the Communist Party of India (Marxist) issued the following statement on March 23, 2006.

UNDER 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 profit.

It 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.

It 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.