Jaya Bachchan vs Union of India Case

 Jaya Bachchan vs Union of India - Important Supreme Court Cases 2006

On 8th May, 2006, a three Judges Bench in Jaya Bachchan vs Union of India & Ors. [Writ petition (Civil) No.199 of 2006] rejected the writ petition filed by Ms.Jaya Bachchan against her disqualification from membership of Rajya Sabha for holding an “office of profit”. Ms. Jaya Bachchan had been disqualified under Article 102(1)(a) of the Constitution for holding the office of Chairperson of the U.P. Film Development Council on ground that the same was an “office of profit” under the Government of Uttar Pradesh.

The Bench held that “an office of profit is an office which is capable of yielding a profit or pecuniary gain” and “holding an office under the Central or State Government, to which some pay, salary, emolument, remuneration or non-compensatory allowance is attached, is holding an office of profit.” In its view “for deciding the question as to whether one is holding an office of profit or not, what is relevant is whether the office is capable of yielding a profit or pecuniary gain and not whether the person actually obtained a monetary gain.”

Noticing that the office held by Ms. Bachchan carried with it a monthly honorarium of Rs.5000/-, entertainment expenditure of Rs.10,000/-, staff car with driver, telephones at office and residence, free accommodation and medical treatment facilities to self and family members, apart from other allowances etc, the Bench held that “these are pecuniary gains, cannot be denied.“ It held that the fact that Ms. Bachchan “is affluent or was not interested in the benefits/facilities given by the State Government or did not, in fact, receive such benefits till date are not relevant to the issue.”

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