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An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc.
It is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the separation of powers.
The English Act of Settlement 1701 and Act of Union 1707 are an early example of this principle. The Act of Settlement provided that
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;
Section 44(iv) of the Constitution of Australia provides that anyone who holds an "office of profit under the Crown" is disqualified from sitting in or being elected to Federal Parliament. This provision has been subject to interpretation by the High Court of Australia, sitting as the Court of Disputed Returns. In 2018, the Court of Disputed Returns introduced a two-limbed test to determine whether an office was "under the Crown": [1]
The term is used in Article 58 (2), 66 (4), 102 (1)(a) and 191 (1) of the Indian Constitution which bars a member of the Indian Parliament from holding an office that would give its occupant the opportunity to gain a financial advantage or benefit. It refers to a post under central/state government which yields salaries, perks and other benefits. The actual amount of profit gained during the violation has no bearing on its classification. India had the Parliament (Prevention of Disqualification) Act, 1950, 1951, and 1953 exempting certain posts from being recorded as offices of profit. All these Acts were replaced by the Parliament (Prevention of Disqualification) Act, 1959. By virtue of section 3 of the said Act, certain offices did not disqualify their holders from being members of Parliament. A person is disqualified from Lok Sabha if he or she holds an office of profit except some 56 officers now would not be regarded as the offices of profit for this purpose. [2] The law was again amended in 2006. [3]
The representatives cannot hold an office of profit under section 9 of the Representation of the People Act, 1951 and Article 191 (1)(a) of the Constitution also. [4]
In the United Kingdom, the principle has been eroded. The executive sits in the legislature, and from the nineteenth-century ministries were invariably led by Members of Parliament or Peers.
Until 1919, Members of Parliament who were appointed to ministerial office lost their right to sit in the House of Commons and had to seek re-election in a ministerial by-election.[ citation needed ]
The rule survives in the House of Commons Disqualification Act 1975 which specifies a number of state positions that make an individual ineligible to serve as a Member of Parliament.
The last vestige of the rule can be seen through the process of resignation from the House of Commons. By virtue of a resolution of the House of Commons of 1624, no MP can resign his or her seat. An MP who wishes to resign has first to accept an office of profit under the Crown, thus vacating their seat. Members who wish to retire ask to be appointed to the office of Crown Steward and Bailiff of the Chiltern Hundreds, or Crown Steward and Bailiff of the Manor of Northstead.
While these ancient posts have no responsibilities attached to them, they fulfill the requirements of the law and disqualify members from sitting in Parliament, enabling their retirement.
The U.S. Constitution prohibits a Member of Congress from being appointed to an executive office under two circumstances: if the executive office was created during that Member's term in Congress, or if the compensation for that executive office was increased during that Member's term in Congress (but see the Saxbe fix). The U.S. Constitution also prohibits an executive officer from being a Member of Congress. Specifically, Article I, Section 6, Clause 2 provides:
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
The U.S. Constitution does not define the term "office of profit." In fact, that term is not even used in the above-mentioned provision. However, the term "office of profit" is referred to in three other provisions.
First, a person who is convicted upon impeachment faces two restrictions: 1) Removal from office; and 2) Disqualification to hold an office honor, trust or profit. Specifically, Article I, section 3, clause 7 provides:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Second, a person holding an office of trust, or an office of profit, may receive presents, emoluments, offices, or titles from foreign powers with the consent of congress. Specifically, Article I, section 9, clause 8 provides:
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Third, a person holding an office of trust, or an office of profit, is prohibited from serving as a presidential elector. Specifically, Article II, section 1, clause 2 provides:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the President of the United States, lays out the procedures for electing and removing the President, and establishes the President's powers and responsibilities.
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
As a constitutional convention, members of Parliament (MPs) sitting in the House of Commons of the United Kingdom are not formally permitted to resign their seats. To circumvent this prohibition, MPs who wish to step down are instead appointed to an "office of profit under the Crown"; by law, such an appointment disqualifies them from sitting in the House of Commons. For this purpose, a legal fiction has been maintained whereby two unpaid sinecures are considered to be offices of profit: Steward and Bailiff of the Chiltern Hundreds, and Steward and Bailiff of the Manor of Northstead.
The House of Commons Disqualification Act 1975 is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons. It is an updated version of similar older acts, known collectively by the stock short title House of Commons Disqualification Act.
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee.
There are currently two types of elections in Singapore. Parliamentary and presidential elections. According to the Constitution of Singapore, general elections for Parliament must be conducted within three months of the dissolution of Parliament, which has a maximum term of five years from the first sitting of Parliament, and presidential elections are conducted every six years.
In India, a governor is the constitutional head of a state in India that has similar powers and functions at the state level as those of the president of India at the central level. A governor acts as the constitutional head and takes all their decisions based on the advice of chief minister and their council of ministers.
Parliament of Sierra Leone is the legislative branch of the government of Sierra Leone. It is principally responsible for making laws. The Sierra Leone parliament consists of 149 members, of which 135 members are directly elected from across Sierra Leone's 16 districts, while 14 are paramount chiefs appointed from the 14 rural districts. The parliament is led by the Speaker of the House; the position is currently held by Abass Bundu of the Sierra Leone People's Party. The current elected 135 ordinary members of parliament are composed of members of the All People's Congress and the Sierra Leone People's Party which are the two largest political parties in Sierra Leone.
The Provincial Assembly of the Punjab is a unicameral legislature of elected representatives of the Pakistani province of Punjab, which is located in Lahore, the provincial capital. It was established under Article 106 of the Constitution of Pakistan, having a total of 371 seats, with 297 general seats, 66 seats reserved for women and 8 reserved for non-Muslims.
The Provincial Assembly of Sindh is a unicameral legislature of elected representatives of the Pakistani province of Sindh, and is located in Karachi, its provincial capital. It was established under Article 106 of the Constitution of Pakistan having a total of 168 seats, with 130 general seats, 29 seats reserved for women and 9 seats reserved for non-Muslims.
The Foreign Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the United States Constitution, that prohibits the federal government from granting titles of nobility, and restricts members of the federal government from receiving gifts, emoluments, offices or titles from foreign states and monarchies without the consent of the United States Congress. Also known as the Titles of Nobility Clause, it was designed to shield the federal officeholders of the United States against so-called "corrupting foreign influences". The clause is reinforced by the corresponding prohibition on state titles of nobility in Article I, Section 10, and more generally by the Republican Guarantee Clause in Article IV, Section 4.
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns.
The Saxbe fix, or salary rollback, is a mechanism by which the president of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term.
The Ineligibility Clause is a provision in Article 1, Section 6, Clause 2 of the United States Constitution that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; it also bars officials in the federal government's executive and judicial branches from simultaneously serving in either the U.S. House or Senate. The purpose of the clause is twofold: first, to protect the separation of powers philosophy ; and second, to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts.
An officer of the United States is a functionary of the executive or judicial branches of the federal government of the United States to whom is delegated some part of the country's sovereign power. The term officer of the United States is not a title, but a term of classification for a certain type of official.
A Member of Parliament in the Lok Sabha is the representative of a legislative constituency in the Lok Sabha; the lower house of the Parliament of India. Members of parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage. The maximum permitted strength of members of parliament in the Lok Sabha is 550. This includes the maximum 530 members to represent the constituencies and states and up to 20 members to represent the union territories. Between 1952 and January 25, 2020, two seats were reserved for members of the Anglo-Indian community. The current elected strength of the Lok Sabha is 543. The party—or coalition of parties—having a majority in the Lok Sabha chooses the Prime Minister of India.
A by-election was held for the New South Wales Legislative Assembly electorate of The Hastings on 4 July 1870 as a result of the Legislative Assembly declaring the election of Horace Dean was void. Dean had been appointed the postmaster at Tinonee at the time of the nominations for the 1869 election and resigned the following day. The Committee of Elections and Qualifications held that because he had an office of profit under the crown at the time of his nomination meant he was incapable of being elected, or of sitting, or voting, as a member of the Assembly.
In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or another civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution.
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