Imagine how saffron party would react if Congress president Sonia Gandhi or for that matter Vice-President Rahul Gandhi, both member of parliament appear in an advertisement. BJP would have made the Gandhi's life miserable by crying hoarse and take the issue to the street. That's what they did in 2006 when Sonia Gandhi had to resign as chairperson of the National Advisory Council. Being a member of parliament, she was barred from holding an office of profit. Under rule, an MP can't hold an office of profit. BJP members had objected to Sonia Gandhi holding an office of profit. It was then argued that the post of chairperson of the National Advisory Council was an office of profit. Big B MP wife Jaya Bachchan had to face expulsion from the Rajya Sabha, because she was also the chairperson of the Uttar Pradesh Film Development Council, deemed an office of profit. The reference to Sonia Gandhi and Jaya Bachchan is being invoked to drive home a point as to whether can an Member of Parliament work in an advertisement ? The point is pertinent as BJP MP from Chandigarh Kirron Kher is appearing in an advertisement forYog Guru Baba Ramdev product. Article 102 (1)(A) of the Indian Constitution bars an MP or an MLA from holding any office of profit under the Government of India or in any state other than an office declared by the Parliament by law. However, phrase 'office of profit' is ambiguous. Its not clear whether by appearing in advertisement, an MP invokes penalty under Article 102(1)(A). But by its very implications, 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. The amount of such profit is immaterial. Under the given situation, Kirron Kher as an MP is much better positioned to benefit from appearing in advertisements than she was as an actor. It may be that the advertisement might have been shot before Kirron Kher was elected as member of parliament. However, it doesn't matter. Its broadcast is more important and using an MP in an advertisement is too bad even otherwise. Members of Parliament in India draw salary and allowances from state exchequer and as such thy are treated public servants. Under law, public servants can't drive any other monetary benefits than the ones he is drawing from state exchequer. As such, by appearing in an advertisement, an pure commercial activity- MP Kirron Kher is as guilty of penalty under law as was Sonia Gandhi and Jaya Bachchan. The problem with BJP is that it suffers from the syndrome of "convenient consciousness". BJP dodges such issues when it comes to the party members but resorts to all sort of hue and cry when others are involved. Being an MP, Madame Kher is expected to be abreast of rules and regulations. Ignorance of law is no bliss for her.
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