Question

An “office of profit” which disqualifies a person from being a member of the Union or State Legislature does not include the office held under _______.
A. The Government of India
B. A State Government
C. A local authority
D. All of the above

Answer 1

Hint:The Constitution of India has laid down Articles for disqualification of members under the term “office of profit” only for the Union and the State Government. It has nowhere mentioned anything for subordinate bodies working within a State.

Complete answer:
-An office of benefit has been deciphered to be a place that brings to the workplace holder some monetary profit, or favorable position, or advantage. The measure of such benefit is insignificant.
-As of now, the Parliament (Prevention of Disqualification) Act, 1959, bars an MP, MLA, or an MLC from holding any office of benefit under the union or state government except if it is excluded.
Let us review the options and discuss the answer.
- Option A. Government of India: - Article 102(1), among different arrangements, accommodates the exclusion of an individual from one or the other House of Parliament in the event that he holds any office of benefit under the Government of India or the Government of any State, other than an office proclaimed by Parliament by law not to preclude its holder. Thus, it is an incorrect option as according to the Constitution an MP can be disqualified.
- Option B. The State Government: - Article 191(1), among different arrangements, accommodates the exclusion of an individual from the Legislative Assembly or Legislative Council of State on the off chance that he holds any office of benefit under the Government of India or the Government of any State determined in the First Schedule, other than an office proclaimed by the Legislature of the State by law not to preclude its holder. Thus, it is an incorrect option as according to the Constitution an MLA or an MLC can be disqualified.
- Option C. Local Authority: - as per the Constitution of India there are no guidelines mentioned for disqualification of a member of the local authority on grounds of holding an “office of profit”. Thus, it is the correct option.

Therefore, the correct answer is Option C.

Note: - In 1964, the Supreme Court set out the trial of arrangement (Gurugobinda Basu versus Sankari Prasad Ghosal case) to decide an office of profit; it accompanies:-
-Regardless of whether the public authority is the designating authority,
-Regardless of whether the public authority has the ability to end the appointment,
-Regardless of whether the public authority decides the compensation,
-What is the wellspring of compensation, and
-The power that accompanies the position.