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2) Discuss the significance of the concept of office of profit as enshrined in the Indian constitution? why has it been embroiled in controversies for a long time? Comment on the role played by Judiciary in this context. (250 words)

Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

2) Discuss the significance of the concept of office of profit as enshrined in the Indian constitution? why has it been embroiled in controversies for a long time? Comment on the role played by Judiciary in this context. (250 words)

Polity by Lakshmikant

Why this question:

The question is in the context of office of profit, and the controversies associated with .

Key demand of the question:

The answer must explain in detail what constitutes an ‘office of profit’, what are the issues and concerns associated with it and role of judiciary in determining the significance.

Directive word:

DiscussThis is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Begin with what you understand by office of profit

Body:

  • Office of Profit means any office that finds its origin as appointment by government and imparts a special position and/ or benefits to that person.
  • This term has reference in Indian Constitution under article 102 (1)(A) and 191 along with this the representatives cannot hold an office of profit under section 9 (A) of the Representation of People Act.
  • Discuss the cases involved – Pradyut Bordoloi vs. Swapan Roy
  • Underlying principle of the office of profit.
  • In detail discuss the role played by judiciary.

Conclusion:

Conclude by stating need for upholding the constitutionality of such concept.