Office of profit

An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit.

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.

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.

[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.

[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.

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.