Constitution of India

— Arts. 102, 191, 18, 58, 59, 64, 66 and 158 — ``Office of profit'' — Meaning and interpretation of — Approach to be taken — Nomenclature used to describe the office or payment or entitlement to a benefit or use of word ``honorarium'' — Effect — Financial status of holder of office or interest of holder in profiting from the office — Relevance — Held, what is relevant is whether the office is capable of yielding a profit or pecuniary gain other than reimbursement of out of pocket/actual expenses and not whether the person actually received a monetary gain or received negligibly or did not withdraw the emoluments to which he was entitled — Various situations and examples discussed — In present case, petitioner's office having carried pecuniary gains, held, made it an office of profit — Fact that petitioner was affluent or was not interested in the benefits/facilities given by the State Government or did not, in fact, receive such benefits till date, were not relevant to the issue, (2006) 5 SCC 266