Please help me out.-office of profit, MP's disqualification, conditions of office

[Believer2010]

Respected Officers,

I am preparing for civil services myself without any coaching. You people are my only help.So Please explain me following :-

1)What is meant by"Conditions of office"?

2)Please explain me the concept of "Office of Profit"? I have read about it in other thread but did not get anything.So please explain me again.

3)If a MP is disqualified from the membership of the parliament then does it means that he is now just an ordinary man? If he wants to be an MP again then what procedure he has to follow?

4)It is stated that" President should not hold any office of profit" but a sitting President or vice president of the union, the Governor of any state and a minister of the union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate", what does it mean?
Does it means that a Governor of any state of India or union minister is eligible as presidential candidate? If so then if he wins Presidential election does he needs to resign from his previous Governor's or union minister's post?


I will be very thankful to you.

Thanks & Regards
AS.

[mrunal]

[h1]Conditions of office"?[/h1]

means the power, responsibilities, peons,cars,phones and staff etc you get.
once a CAG/ EC or any other Constitutional authority is appointed conditions of his office can't be changed to his disadvantage =

this ensures that he'll act impartially with out the fear that ministers might do some harm to his post if he exposes them.

[h1]disqualified MP[/h1]
If a MP is disqualified from the membership of the parliament then does it means that he is now just an ordinary man?
yes he can contest the election again. e.g. remember that sting op. in which many MPs were caught taking
bribes for asking questions in parliament-- they were disqualified from previous Lok Sabha but they contested in this
present lok sabha election (and i think some of them won as well.)

if you're dismissed from Govt. service, then you become disqualified to sit in any other Govt. recruitment exam. but
MPs don't have that punishment!

[h1]office of profit[/h1]
means any post under Govt. of india (=the Executive Arm) in which you get the salary and power to decide /execute Govt. policies or enjoy any other decision making power.
being Govt. employee and certain other posts under Govt. = you're in office of profit.
being an MP / Governer / VP/President = you do get salary but you're not under the Executive arm of Govt. hence its not office of profit.
[I'm not sure how 'union minister' isn't in office of profit.]

when you want to contest for any election you must not be holding any office of profit
because that gives you unfair advantage over the others (you might use your staff or power to influence things during election)
+ you're already under Govt.'s influence / patronage.

+ if you're a serving Govt. employee then the concept of civil service neutrality gets defeated if you're allowed to contest election with out resigning from job.

Does it means that a Governor of any state of India or union minister is eligible as presidential candidate? If so then if he wins Presidential election does he needs to resign from his previous Governor's or union minister's post?

yes despite being a minister/Governer /VP/present President - you can run as a candidate in next presidential election with out resigning from your present post and if you are defeated then you can continue with your current post (of minister/VP/Governer etc.).
Pratibha Patil was Governer of Rajasthan before becoming President.

[mrunal]

i think either law Commission or 2nd ARC recommended that an MLA should vacate his post before contesting for parliament elections.

[puneeth]

Hi ,

Please explain me the concept of "Office of Profit"?

I found this definition on Rediff news

What is an office of profit?

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.

The amount of such profit is immaterial.

Goto this link for reference.
The link also gave popular examples of recent times that involved Office of Profit