Apex court dismisses Jaya Bachchan's plea

In a blow to all those parliamentarians and legislators who face disqualification by the 'office of profit' rule, the Supreme Court declared that the law on this point has already been decided by a Constitution bench in 1954.

According to it, what is material is not whether the person actually received any remuneration or pecuniary gains, but whether the office he or she holds is itself of profit or any remuneration is "receivable".

A Bench headed by Chief Justice YK Sabharwal reiterated the law while dismissing a petition filed by Samajwadi Party leader Jaya Bachchan challenging the presidential order disqualifying her as a member of the Rajya Sabha on the ground that she was holding an office of profit.

The judges emphasised that whether she was getting actual pecuniary gain was of no consequence.

Senior counsel F S Nariman, representing the actress-turned politician, submitted that the law on the 'officer of profit' was not clear. Various judgments of the court had skirted the issue in substance.

Therefore, the counsel wanted the court to throw definitive light on the issue as the issue had become serious in recent weeks.

The SP leader was disqualified from RS as she was holding the chairpersonship of the Uttar Pradesh Film Development Corporation. She contended that she never made any actual pecuniary gain from holding the post.