Case Summary
| Citation | Jaya Bachchan v. Union of India (2006) 5 SCC 266 |
| Keywords | |
| Facts | The government of Uttar Pradesh on 14 July 2004, appointed petitioner (Jaya Bachchan) as the chairperson of the Uttar Pradesh Film Development Council and sanctioned the rank of a Cabinet Minister to her. The benefits to which she is entitled are: Honorarium of rupees 5000 per month. Rupees 10000 per month towards entertainment expenditure. Staff Car with driver, telephones at office and residence, one P.S. one P.A., and two class IV employees. Bodyguard and Night escort Free Accommodation and medical treatment facilities for her and her family members. Free accommodation in a government guest house and hospitality while on tour. |
| Issues | What is office of profit under Article 102(1)(a) of the Constitution? Whether the disqualification is valid? |
| Contentions | |
| Law Points | While addressing the issue the question before the apex court is whether a person who holds an office of profit is required to be interpreted in a realistic manner. The apex court stated that an office of profit is an office that can yield a profit or pecuniary gain. If the office carries with it or entitles the holder to, any pecuniary gain other than actual expenses, then the office will be an office of profit for the purpose of Article 102(1)(a). Further, the court elaborated that if the office can yield a profit, then it will be regarded as the office of profit and not whether the person actually obtained a monetary gain. The Pecuniary gains like monthly honorarium of Rs. 5000, entertainment expenditure of Rs. 1000, staff car with driver, telephones at office and residence, etc are carried with office and these are profits which cannot be denied. The fact that the petitioner is affluent or was not interested in the benefits of the state govt is not relevant to the issue and her contention that she never used any of the facilities provided by the state government is not valid as getting any profit or using them is another thing but when the office is capable of yielding profits then that will amount to the office of profit. |
| Judgement | The apex court found no merit in the writ petition, which is dismissed. |
| Ratio Decidendi & Case Authority |
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