The Central Government is planning a constitutional amendment to exempt advisors that are appointed by the Government or States and carry legal functions to be discharged for legislative functions to be recognised as 'office of profit'.

Amendments to the definition 

The amendment is trying to define the term ‘office of profit' as any office under the control of the Union Government or state government whether or not their salaries are paid to them through public revenue. The amendment proposes that anybody or any organisation which may be wholly or partially owned by the Central Government or the State Government and pays the salary or remuneration for the holder of such an office is also included in the proposed definition; any office in which it’s government occupant/holder is capable of exercising executive powers delegated by the government, including land allotment, issuing of license or permit, making public appointments or granting favours of ‘substantial nature’ which may be legislative, judicial or quasi-judicial. 

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About ‘office of profit’

According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding any office of profit as it can put them in a position to gain a financial benefit. "A person shall be disqualified for being chosen as, and for being a member of either House of Parliament, (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder," states the provision. 

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State and Union Government advisors to be recognised as 'Office of profit'

The amendment proposes to include those holding advisory positions for Union or State Governments in the category of ‘office of profit’. The amendment also seeks to define the salaries and remuneration and ‘compensatory allowance’ to minimise the scope for any ambiguity. The amendment also says that if the office is seeking any kind of salary or remuneration, it will be deemed as ‘office of profit’. The amendment also seeks to define remuneration as ‘any pecuniary gain commensurate with the status and responsibilities attached to the office but shall not include the expenditure incurred on the staff and infrastructure for running office’. Similar amendments have been proposed for Article 91. The ministry proposes the view that the ‘office of profit’ will now be governed by Parliament (Prevention of Disqualification) Act, 1959, or by the corresponding state enactments. 

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