Office Of Profit
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Office Of Profit
An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. It is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the separation of powers. Origin The English Act of Settlement 1701 and Act of Union 1707 are an early example of this principle. 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; Australia Section 44(iv) of the Constitution of Australia provides that anyone who holds an "office of profit under the Crown" is disqualified from sitting i ...
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Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ...
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Representation Of The People Act, 1951
The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election. Background An elected constituent assembly was set up on 9 December 1946 to frame the constitution. Most of the articles of the constitution came into force on 26 January 1950, commonly known as the Republic Day. Part XXI of the constitution contained the translational provisions. Articles 379 and 394 of Part XXI which contained provisions fo ...
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Article Two Of The United States Constitution
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the president and, along with the Vesting Clauses of Article One and Article Three, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, the body charged with electing the president and the vice president. Section 1 provides that each state chooses members of the Electoral College in a manner d ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress various Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One estab ...
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Saxbe Fix
The Saxbe fix ( ), or salary rollback, is a mechanism by which the President of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits (collectively, "emoluments") were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term. To prevent ethical conflicts, James Madison proposed language at the Constitutional Convention that was adopted as the Ineligibility Clause after debate and modification by other Founding Fathers. Historicall ...
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Crown Steward And Bailiff Of The Manor Of Northstead
Northstead is an area on the North Bay of Scarborough in North Yorkshire, England. The area near Newlands and Barrowcliff includes Peasholm Park and Scarborough Open Air Theatre. In 2011, the namesake ward had a population of 4,038, since 2019 the ward no longer covers the area with most of the old ward now in the Woodlands ward. History The Manor of Northstead consisted of a medieval manor house surrounded by fields and farms in the parish of Scalby in the North Riding of Yorkshire. The estate originally bordered the northern side of the ancient boundary of the Borough of Scarborough, following the line of Peasholm Beck. The estate passed into the ownership of the Crown during the reign of King Richard III (1483–1485). By 1600, the manor house had fallen into disrepair, being latterly occupied by Sir Richard Cholmeley's shepherd until it finally collapsed. The land, but not the lordship of the manor, was bought from the Crown by the Scarborough Corporation in 1921. The ...
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Crown Steward And Bailiff Of The Chiltern Hundreds
Appointment to the position of Crown Steward and Bailiff of the Chiltern Hundreds is a procedural device to allow Members of Parliament to resign from the House of Commons of the United Kingdom. Since MPs are technically unable to resign, resort is had to a legal fiction. An appointment to an "office of profit under The Crown" disqualifies an individual from sitting as a Member of Parliament (MP). Several offices were used in the past to allow MPs to resign, only the Crown Stewardships of the Chiltern Hundreds and the Manor of Northstead are in present use. Resignation On 2 March 1624, a resolution was passed by the House of Commons making it illegal for an MP to quit or wilfully give up their seat. Believing that officers of the Crown could not remain impartial, the House passed a resolution on 30 December 1680 stating that an MP who "shall accept any Office, or Place of Profit, from the Crown, without the Leave of this House ... shall be expelled romthis House." However, ...
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Resignation From The British House Of Commons
Members of Parliament (MPs) sitting in the House of Commons in the United Kingdom are not permitted to resign their seats. To circumvent this prohibition, MPs who wish to step down are instead appointed to an "office of profit under the Crown", which disqualifies them from sitting in Parliament. For this purpose, a legal fiction is maintained where two unpaid offices are considered to be offices of profit: Steward and Bailiff of the Chiltern Hundreds, and Steward and Bailiff of the Manor of Northstead. Although the House of Commons Disqualification Act 1975 lists hundreds of offices that are disqualifying, it is rare for an MP to be nominated to a legitimate office of profit; no MP lost his or her seat by being appointed to an actual office between 1981, when Thomas Williams became a judge, and 2022, when Rosie Cooper became the chair of an NHS foundation trust. Offices used for disqualification Members of Parliament (MPs) wishing to give up their seats before the next genera ...
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House Of Commons Disqualification Act 1975
The House of Commons Disqualification Act 1975 is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons. It is an updated version of similar older acts, known collectively by the stock short title House of Commons Disqualification Act. The groups disqualified from all constituencies are: * Lords Spiritual * judges * civil servants * serving regular members of the armed forces, except Admirals of the Fleet, Field Marshals and Marshals of the Royal Air Force * full-time police constables * members of legislatures of non-Commonwealth countries, other than Ireland * holders of certain administrative and diplomatic offices * all members of certain bodies, such as tribunals and government departments, plus some statutory corporations such as Channel 4 Lords Lieutenant and High Sheriffs are also disqualified from seats for constituencies within their area. Section 2 limits the number of government off ...
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Ministerial By-elections In The UK
Ministerial by-elections to the Parliament of the United Kingdom at Westminster were held from 1801 to the 1920s when a Member of Parliament (MP) was appointed as a minister in the government. Unlike most Westminster by-elections, ministerial by-elections were often a formality, uncontested by opposition parties. Re-election was required under the Succession to the Crown Act 1707. This was in line with the principle established in 1624 that accepting an office of profit from the Crown would precipitate resignation from the House, with the option of standing for re-election. Typically a minister sought re-election in the constituency he had just vacated, but occasionally contested another seat which was also vacant. In 1910 ''The Times'' newspaper noted that the relevant Act had been passed in the reign of Queen Anne "to prevent the Court from swamping the House of Commons with placemen and pensioners", and described the process as "anomalous" and "indefensible" in the 20th cen ...
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Lok Sabha
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi. The maximum membership of the House allotted by the Constitution of India is 552 (Initially, in 1950, it was 500). Currently, the house has 543 seats which are made up by the election of up to 543 elected members and at a maximum. Between 1952 and 2020, 2 additional members of the Anglo-Indian community were also nominated by the President of India on the advice of Government of India, which was abolished in January 2020 by the 104th Constitutional Amendment Act, 2019. The ...
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Act Of Settlement 1701
The Act of Settlement is an Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover, a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died shortly before the death of Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain. The Act of Supremacy 1558 had confirmed the independence of the Church of England from Roman Catholicism under the English monarch. One of the principal factors which contributed to the Glorious Revolution was the perceived assaults made on the ...
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