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What is the ‘office of profit’ under the Indian Constitution?



The Constitution of India, under Article 102, clearly stipulates that a person shall be disqualified for being chosen as, and for being a member of either House of Parliament if he holds any office of profit under the government of India or the government of any State (other than an office exempted by the Parliament by law), but not a Minister for the Union or for a State.

If a question arises as to whether a Member of Parliament has become subject to disqualification by virtue of holding the office of profit, the President of India shall take a decision on the matter on the basis of the opinion of the Election Commission of India, under Article 103 of the Constitution. The decision of the President in this regard shall be final and cannot be questioned in any court of law. Similar and analogous provisions exist for the Members of Legislative Assemblies of the States, under Article 191.