Judgment :-

K.G. Balakrishnan, CJI.

1. These two writ petitions filed under Article 32 of the Constitution by way of public interest litigation, challenge the constitutional validity of the Parliament (Prevention of Disqualification) Amendment Act, 2006 (Act No. 31/2006, Hereinafter Amendment Act). It amended the Parliament (Prevention of Disqualification) Act, 1959 (Hereinafter `Principal Act). The Amendment Act adds to the list of `Offices of Profit which do not disqualify the holders thereof for being chosen as, or for being the Members of Parliament.

Historical background

2. The expression `Office of Profit is not defined in the Constitution. The view that certain offices or positions held by a Member of Parliament (Hereinafter also referred to as `MP) may be either incompatible with his/her duty as an elected representative of the people, or affect his/her independence, and thus weaken the loyalty to his/her constituency and, therefore, should disqualify the holder thereof, had its origin in the Parliamentary history of the United Kingdom. (See: The Introduction to the Bhargava Committee Report on Office of Profit, dated 22.10.1955). The concept of `office of profit has a histo