Jharkhand Chief Minister Hemant Soren is facing accusations of
violating the ‘office of profit’ rule. According to the Indian Constitution, if
the chief minister of a state is found in violation of the rule, they shall be
removed in accordance with Section 9A of the Representation of People Act.

What is Section 9A of the Representation of People Act?

According to Section 9A of the Representation of People Act,
1951, “a person shall be disqualified if, and for so long as, there subsists a
contract entered into by him in the course of his trade or business with the
appropriate government for the supply of goods to, or for the execution of any
works undertaken by, that Government.”

Section 9 of the Representation of People Act deals with
dismissal from a legislative forum for corruption or disloyalty.

Also Read | Why Jharkhand CM Hemant Soren faces ouster threat: Explained

The Act is divided into two parts. Subsection 1 of the
Representation of People Act states: “A person who having held an office under
the Government of India or under the Government of any State has been dismissed
for corruption or for disloyalty to the State shall be disqualified for a period
of five years from the state of such dismissal.”

Also Read | Who is Hemant Soren?

Subsection 2 of the Representation of People Act states: “For
the purposes of sub-section (1), a certificate issued by the Election
Commission to the effect that a person having held office under the Government
of India or under the Government of a State, has or has not been dismissed for
corruption or disloyalty to the State shall be issued unless an opportunity of
being heard has been given to the said person.”

How Section 9A of Representation of People Act is relevant in
Soren’s context?

Bharatiya Janata Party (BJP), the primary opposition party in
the Jharkhand Assembly, has alleged that Hemant Soren had used his influence as
mining and forests minister to obtain a stone chip mining lease in 2021. According
to BJP, this is a flagrant violation of the office-of-profit rule. BJP MP
Nishikant Dubey has called on the Jharkhand CM to resign and go for fresh
polls.