OFFICE OF PROFIT ISSUE

2015:

An organisation called the Rashtriya Mukti Morcha petitions the Delhi HC, contending 21 legislators designated ‘parliamentary secretaries’ enjoy the status and perks of ministers, including office space and official cars, a misuse of taxpayer money. More, it is an office of profit: they cannot be MLAs and parliamentary secretaries at the same time, argues the petition. Noting the Delhi government can have a maximum of seven ministers, it says with that many ministers and these 21, the law has been violated

2016:

Court quashes appointment of the MLAs

June 2015:

The AAP amends Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, in the Delhi Legislative Assembly that the post of ‘parliamentary secretary’ is not an office of profit

June 2016:

The amendment goes to the Lieutenant Governor, the Union home ministry and the President of India. Assent is withheld and the Election Commission of India asked to investigate whether the 21 MLAs have violated poll laws

May 2017:

That case is to be decided any day. The MLAs have defended themselves before the ECI, arguing that as they did not draw any salary for being parliamentary secretaries, they could not be said to be holding an office of profit. However, constitutional expert Subhash Kashyap argues that a legislator who holds an office or post under the government - even if no remuneration is received but enjoys perks would be deemed to be holding an office of profit