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Mumbai Court Rejects Plea to Remove Rajya Sabha MP Ujjwal Nikam as Special Public Prosecutor Under Article 102

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Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
11 Feb 2026
~2 min
Source: Indian Express
Key Data:Article 102Article 102(1)(a)Section 24 of CrPC2026-02-11July 2025September 2025
Bodies:Supreme CourtMumbai Sessions CourtRajya SabhaMaharashtra State GovernmentDirector of Prosecution
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What This Article Covers

1.A Mumbai court rejected a plea seeking removal of Rajya Sabha MP Ujjwal Nikam as Special Public Prosecutor (SPP) in a murder trial, citing no constitutional bar.

2.The accused invoked Article 102(1)(a) and CrPC Section 24, arguing SPP is an 'office of profit' under the state, but the court ruled the appointment is contractual and temporary.

3.The judgment reinforces state autonomy in appointing SPPs and clarifies that such roles do not automatically constitute a disqualifying 'office of profit' for MPs.

The Big Picture
Prelims · HighMains · High

A recent court ruling addressed whether a Rajya Sabha MP can concurrently serve as a Special Public Prosecutor (SPP). The accused argued it violates Article 102's 'office of profit' clause, but the court upheld the MP's appointment, highlighting the contractual nature of the SPP post and the state's prerogative in such appointments. This case tests the boundaries of constitutional disqualification for lawmakers holding state-appointed legal roles.

Exam Lens

Quick Exam Facts From News

Article InvokedArticle 102(1)(a) of Constitution
Legal Provision CitedCrPC Section 24
Key Case Cited (2006)Jaya Bachchan v. Union of India
Accused NameVijay Palande
Victim NameArunkumar Tikku

1-Minute Revision

  • ›Article Invoked: Article 102(1)(a) of Constitution
  • ›Legal Provision Cited: CrPC Section 24
  • ›Target this Legal Point: Article 102(1)(a) of the Constitution - disqualification for 'office of profit'.
  • ›Target this Legal Point: Code of Criminal Procedure (CrPC) Section 24 - appointment of Public Prosecutors.
  • ›Target this Case Law: Jaya Bachchan v. Union of India (2006) - definition of 'office of profit'.
  • ›Target this Nodal Body: State Government's Law and Judiciary Department / Director of Prosecution - appoints SPPs.

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Q1Static LinkageEasy

Under which section of the Code of Criminal Procedure (CrPC) is a Special Public Prosecutor appointed?

Q2Statement-basedHard

Consider the following statements regarding the 'office of profit' as per the Constitution:

1. Article 102(1)(a) disqualifies a person from being an MP if they hold any office of profit under the Government of India or any State.

2. The Supreme Court, in the Jaya Bachchan case (2006), held that an 'office of profit' is determined by whether the holder actually draws monetary gain from it.

3. The test for an 'office of profit' is whether the office is capable of yielding a profit or pecuniary gain.

Which of the statements given above is/are correct?

Q3Data-centricMedium

In the news, the accused Vijay Palande is facing trial for the murder of which individual in 2012?

Q4Application/ImpactMedium

What was the primary legal reasoning the court used to reject the plea against Ujjwal Nikam's appointment as SPP while being an MP?

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