OFFICE OF PROFIT

Disqualification of Aam Aadmi Party {AAP}  MLAs approved..its a shocking news for the Aam Aadmi Party {AAP}

There is a statement given by the one of the Disqualified MLA of Aam Aadmi Party {AAP} (ALKA LAMBA)after the decision of President :

THE DECISION WAS PAINFUL & THE PRESIDENT SHOULD HAVE HEARD US OUT BEFORE ARRIVING AT ANY CONCLUSION 
                                                                           
                           
                   What is OFFICE OF PROFIT ?

The concept of Office of Profit comes from the England to preserve the independence of the laws & for the welfare of people.It also seeks to enforce the principle of separation of power between the Legislative, The Judiciary & The Executive basically it is a basic feature of Constitution.
Office of profit is a position in government which cannot be held by member of Legislative assembly or member of Parliament.The post can yield salaries , wadges & other benefits.


According to the :
Shivamurthy Swami Inamdar vs Agadi Sanganna Andanappa Case of 1971 there are different question given in this case which are as follows :

QUESTIONS Does government make the appointment?
Does government has light to dismiss/remove?
Does government pay for the remuneration?
Does government have control over the performance of the function delivered for it (Government)

If any one of the answer is yes then its definitely comes under a Office Of Profit 


If any Legislators (MP or MLA) can be a part or holding office of profit under Central Government or State Government as it can put them in position to gain profit then they can be disqualified from their post..

                                                          

SEQUENCES OF THIS CASE



Now the result in front of US.......
President Ram Nath Kovind accepted the recommendation of the election commission to disqualify 20 MLA's of the Aam Aadmi Party {AAP} the ruling party in the national capital for holding offices of profit...
A notification issued by the Law minister quoted the President as saying "In the light of the opinion expressed by the Election Commission the 20 members of the Delhi Legislative assembly have been disqualified..

Now i will tell you what is actually the term mean "OFFICE OF PROFIT"

Before that i would like to tell you the works of Election Commission because the key role behind this is of Election Commission

  1. Works of Election Commission 

  • Election of President ,Vice President, Lok Sabha as well as Rajya Sabha
  • Election of State Legislatures as well as Legislative Council
  • Reservation of seats in Lok Sabha & State Legislatures
  • Qualification of the MP's & MLA's
  • Determination of population for propose of Election


An Election Commissioner hold the office for a period of 6 years or until attain the age of 65 years whichever is earlier 


Its all about the Office of profit Now i hope that you all understand what is actually the office of profit ..Thanks a lot for all my readers to give their valuable time to my topics...
If you have any query regarding this topic..feel free to ask the questions.....

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