Explanation:

- Parliamentary Secretary is a member of the parliament who assists a more senior minister with his or her duties. They often hold the rank of Minister of State and have the same entitlements and is assigned to a government department. Manipur, HP, Mizoram, Assam, Rajasthan, Punjab, Goa are some of the states where MLAs have been appointed Parliament Secretaries by the Government.

In 2015 Delhi government appointed 21 of its legislators as parliamentary secretaries. It was followed by amendments to Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, with retrospective effect to exempt the post of parliamentary secretary from the definition of the “office of profit”. However, Lt. Governor’s assent to the amendment bill was not given, requiring the disqualification of the MLAs. Hence, The Election Commission (ECI) recommended President for their disqualification and recommendations of ECI are binding on the President or Governor regarding the issues related to article 102 & article 191.

Article 102 (1) - Disqualifications for membership

A person shall be disqualified as a Member of Parliament for a) Holding an office of profit under government of India or state government; b) Being of unsound mind; c) Being an undischarged insolvent; d) Not being an Indian citizen or for acquiring citizenship of another country.

Joint Committee on offices of profit

It consists of 15 members drawn from both the houses of Parliament. It examines the composition and character of the Committees appointed by the Central and State Governments and recommends what offices should or should not disqualify a person for being, a member of either House of Parliament. It has defined Office of Profit as:

• Whether the holder draws any remuneration, like sitting fee, honorarium, salary, etc. other than Compensatory allowance.

• Whether the body in which an office is held, exercises executive, legislative or judicial powers or confers powers of disbursement of funds, allotments of lands, issue of licences, etc.,

• or gives powers of appointment, grant of scholarship, etc.

• Whether the body in which an office is held wields influence or power by way of patronage.

Joint Committee on offices of profit

It consists of 15 members drawn from both the houses of Parliament. It examines the composition and character of the Committees appointed by the Central and State Governments and recommends what offices should or should not disqualify a person for being, a member of either House of Parliament. It has defined Office of Profit as:

• Whether the holder draws any remuneration, like sitting fee, honorarium, salary, etc. other than Compensatory allowance.

• Whether the body in which an office is held, exercises executive, legislative or judicial powers or confers powers of disbursement of funds, allotments of lands, issue of licences, etc., or gives powers of appointment, grant of scholarship, etc.

• Whether the body in which an office is held wields influence or power by way of patronage.