Counsel for the Delhi government had to concede the point in court, leading to the appointment of 21 Delhi legislators as parliamentary secretaries being set aside. The penalty stipulated in the Constitution for a legislator holding an office of profit is disqualification. In practice, parliamentary secretaries are junior ministers. In some States, parliamentary secretaries have been able to stave off disqualification by getting the post saved from disqualification by legislation. He will continue to maintain that the post of parliamentary secretary, inasmuch as it entails no salary or perquisites, is not an office of profit.
Source: The Hindu September 11, 2016 18:45 UTC