Jharkhand in turmoil: What does the law say on holding an office of profit?

Jharkhand is in a state of turmoil after reports suggested that Chief Minister Hemant Soren may be sacked by the Election Commission of India (ECI) in the office-for-profit case. The ECI has reportedly sent its recommendations to Governor Ramesh Bais on the allegations against Soren. 

Soren allegedly allocated a mining lease to himself while holding the portfolio of the minister of mining in 2021. 

What is an 'office of profit'?

An office of profit is a position that brings any financial gain, advantage, or benefit to the officeholder. In the Jharkhand case, the mining lease had the capacity to bring financial gain to Soren. 

Under Articles 102(1) and 191(1) of the Indian Constitution, an MP or MLA is barred from holding any office of profit under the central or state government. 

"A person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister," Article 102(1) states. 

It is also barred in the Representation of People Act, 1951. 

The essence of the restriction is that if legislators hold an office of profit, they may get biased and not discharge their constitutional duties fairly. There should not be any conflict between the duties and the interests of an elected representative. 

The Constitution's basic principle of separation of powers between the legislature and the executive is applied here. 

The origin of the law can be seen in the English Act of Settlement, 1701, according to a report by The Hindu. It read, "no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons."

Several instances of violation of the rule have been noted in the past as well. In 2018, 20 MLAs of the Delhi Assembly were disqualified by EC for holding an office-of-profit.

The governor has not made the recommendations by the ECI public yet, but is expected to do it soon.