News Analysis 29 Aug, 2022

29 Aug, 2022


1. Office of Profit & Disqualification of Members of Legislative Assemblies.
2.  Is La- Nina a fair weather friend of India?
3. Status of Refugees in India.

1. Office of Profit & Disqualification of Members of Legislative Assemblies.


Theme : Governance

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Jharkhand Chief Minister Hemant Soren risks being disqualified as a Member of the Legislative Assembly by the Governor on the basis of the recommendations given by the Election Commission of India for allegedly holding a mining license.He has been accused of violating the office-of-profit rules.


What is the Office of Profit ?

  • The concept of office-of-profit has been taken from the British Parliamentary model which deems certain non-ministerial offices incompatible with membership of Parliament.

  • MPs and MLAs, as members of the legislature, hold the government accountable for its work.

  • The essence of disqualification is if legislators hold an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.

  • The intent is that there should be no conflict between the duties and interests of an elected member.

  • Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.



Grounds for disqualification of MLAs:

The Constitution of India, provides the following grounds for disqualification for being chosen as or being a member of the legislative assembly or legislative council of a state:

  • he holds any office of profit under the Government of India or a state or an office declared by a law of the state,

  • any competent court declares any member to be of unsound mind,

  •  he is charge-sheeted, bankrupt or insolvent,

  • he is not a citizen of India,

  •  has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state.

  • so disqualified under any law made by the Parliament.


Grounds Provided in RPA :

  • guilty of certain election offenses or corrupt practices in elections

  • convicted for any offense resulting in imprisonment for two or more years

  • Failure to lodge account of election expenses within time

  • Interest in government contracts, works or services

  • Violation of office-of-profit rules

  • Dismissal from government service for corruption or disloyalty to the state

  • Convicted for promoting enmity between different groups or for bribery

  • Punished for practicing or preaching social crimes like untouchability and dowry.


Dismissal :

  • Upon receipt of a complaint, the Governor of the state decides on the disqualification

  • The Governor’s decision is final.

  • However, the Governor is required to obtain the opinion of the Election Commission of India  and act accordingly.


What is the underlying principle for including ‘office of profit’ as criterion for disqualification?

  • Makers of the Constitution wanted that legislators should not feel obligated to the Executive in any way, which could influence them while discharging legislative functions.

  • In other words, an MP or MLA should be free to carry out her duties without any kind of governmental pressure. The intent is that there should be no conflict between the duties and interests of an elected member.

  • The office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.


Role of Judiciary :

The Supreme Court in PRADYUT BORDOLOI vs SWAPAN ROY (2001) outlined the 4 broad principles for determining whether an office attracts constitutional disqualification:

  1. First, whether the government exercises control over appointment, removal and performance of the functions of the office

  2. Second, whether the office has any remuneration attached to it

  3. Third, whether the body in which the office is held has government powers (releasing money, allotment of land, granting licenses etc.).

  4. Fourth, whether the office enables the holder to influence by way of patronage.


2.  Is La- Nina a fair weather friend of India?


Theme : Important Geophysical Phenomenon


Australia’s Bureau of Meteorology (BOM) predicted that a third consecutive event of La Nina could be underway which could lead to unusual weather effects in various countries.



  • El Niño and La Niña are climate patterns in the Pacific Ocean that can affect weather worldwide.During El Niño, trade winds weaken. Warm water is pushed back east, toward the west coast of the Americas.
  • During La Niña events, trade winds are even stronger than usual, pushing more warm water toward Asia. Off the west coast of the Americas, upwelling increases, bringing cold, nutrient-rich water to the surface.
  • There is an extended period of La Nina in 2022. It is the first time that this has happened since the 1950s when the event started to be recorded. The years 1973-76 and 1998-2001 were consecutive La Nina years.



  • While the El Niño period is characterized by warming or increased sea surface temperatures in the central and eastern tropical Pacific Ocean, a La Niña event causes the water in the eastern Pacific Ocean to be colder than usual.

  • Together, they are called ENSO or El-Nino Southern Oscillation.


Pressure Distribution in a Normal Year :

In a normal monsoon year, the pressure distribution is as follows:

  • The coast of Peru in South America has a higher pressure than the region near northern Australia and South East Asia.

  • The Indian Ocean is warmer than the adjoining oceans and so has relatively lower pressure. Hence, moisture-laden winds move from near the western Pacific to the Indian Ocean.

  • The pressure on the landmass of India is lower than on the Indian Ocean, and so, the moisture-laden winds move further from the ocean to the lands.


Changes to be witnessed because of La-Nina :

  • It could also affect the South West Indian Ocean Tropical Cyclone season, reducing the intensity.

  • Southeast Asia, some Pacific Islands and the northern region of South America are expected to receive above-average rainfall.

  • In India, La Niña means the country will receive more rainfall than normal, leading to floods.



  • Farmers will be at risk of losing their standing Kharif Crops if it rains during this period.

  •  As the harvesting of the Kharif crops begins in September-end or early October and any rain just before that would be detrimental.

  • Farmers will suffer a double whammy if untimely rains coincide with the harvest.


3. Status of Refugees in India.

Theme : India and Its Neighborhood.


Refugee law has become inextricably linked with the larger question of Human Rights and Humanitarian Law as well as other fields of international law, such as State responsibility and peace maintenance.




A refugee, generally speaking, is a displaced person who has crossed national boundaries and who cannot or is unwilling to return home due to well-founded fear of persecution. Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if they formally make a claim for asylum. India is not a signatory to the 1951 UN Convention or the 1967 Protocol. Nor does India have a refugee policy or a refugee law of its own.



  • Foreigners Act of 1946 : Under Section 3, the Central government is empowered to detect, detain and deport illegal foreign nationals.

  • Passport (Entry into India) Act, 1920 : Under Section 5, authorities can remove an illegal foreigner by force under Article 258(1) of the Constitution of India.

  • Registration of Foreigners Act of 1939: Under this, there is a mandatory requirement under which all foreign nationals (excluding overseas citizens of India) visiting India on a long-term visa (more than 180 days) are required to register themselves with a Registration Officer within 14 days of arriving in India.

  • Citizenship Act, 1955: It provided provisions for renunciation, termination, and deprivation of citizenship.

  • Further, Citizenship Amendment Act, 2019 (CAA) seeks to provide citizenship only to Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants persecuted in Bangladesh, Pakistan, and Afghanistan.



  • Refugees are people outside their countries of origin who are in need of international protection because of a serious threat to their life, physical integrity or freedom in their country of origin as a result of persecution, armed conflict, violence or serious public disorder.

  •  Migrants  leave their country because they want to work, study or join a family.

  • There are well-defined and specific grounds, which have to be satisfied before a person can qualify to be a ‘refugee’.There is no internationally accepted legal definition of a migrant.



  • Risk of detention – A refugee may face detention as soon as he/she illegally crosses the international border into India. He/she may be suspected to be a spy or infiltrator in the light of inconsistent statements that may have been made by him/her to the authorities. 

  • Lack of legal and medical aid – The refugees who cross borders often lack legal and medical aid during detention. Some of them do not have the financial capability to afford legal aid to protect themselves from re-arrest.

  • Vulnerability of women and child refugees – Women and children appear to be at increased risk of gender-based violence, partly as a result of sharing living space with strangers, due to rising accommodation costs. 

  • Lack of access to government schemes – They have no legal right to work, however, they manage to find work in the informal job market.



  • The United Nations High Commissioner for Refugees (UNHCR), the UN Refugee Agency, and the government of Switzerland together host the GRF. 

  • It aims to debate and discuss the response of the world’s countries to the global refugee situation.