Question

Which of the following will not be considered as an 'office of profit' according to Article 102 (2) of the Constitution of India?
A. being a judge of any court of Law
B. is a member of any corporate body
C. being a Minister at the Centre or the State
D. none of the above

Answer 1

Hint: MPs and MLAs, as members of the legislative assembly, hold the govt answerable for its work. The essence of disqualification beneath the workplace of profit law is that if legislators hold associate degree ‘office of profit’ beneath the govt, they could be liable to government influence, and should not discharge their constitutional mandate fairly. The intent is that there ought to be no conflict between the duties associated with the degreed interests of an elective member. Hence, the workplace of profit law merely seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislative assembly and also the government

Complete answer:
MLA is barred from holding an Associate in Nursing workplace of profit because it will place them in a position to realize a monetary profit. "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament, (a) if he holds any workplace of profit below the govt of Asian nation or the govt of any State, aside from Associate in Nursing workplace declared by Parliament by law to not disqualify its holder," says the law.
Under the illustration of the individuals Act too, holding an Associate in Nursing workplace of profit is grounds for disqualification.

Thus, option (C) is correct.

Note: Office of profit may be a position in government that can't be controlled by a Member of the general assembly (MLA) or a Member of Parliament. but the term 'office of profit' has not been outlined within the Court and, however, arranged down the sure tests to work out that the workplace is AN workplace of profit. Constitution or within the illustration of the individuals' Act, 1951. Being a Minister at the Centre or the State won't be thought of as AN 'office of profit' in keeping with Article 102(2) of the Constitution of the Asian nation.