Union Minister Suresh Gopi: Balancing Politics and Acting, with Earnings for Social Good

Suresh Gopi, Union Minister of State for Tourism and Petroleum and Natural Gas, and an actor-turned-politician, became the BJP’s first Lok Sabha MP from Kerala after winning the Thrissur seat. Gopi has declared that he will continue his acting career, dedicating part of his earnings to benefit society.

Gopi also mentioned he would accept fees for inaugurating events in his capacity as an actor, similar to his colleagues in the film industry. He clarified that these earnings would be used entirely for social causes. “When I attend any event, do not assume I am inaugurating it as an MP. I will be there as an actor, and will charge a fee just like my colleagues,” Gopi stated at a BJP event in his constituency. He emphasized that all fees from such inaugurations would go to his trust for social work.

Can MPs Practice Other Professions?
The laws and rules governing whether MPs can engage in other professions are outlined in certain provisions of the Constitution and the Representation of the People Act, 1951.

What is an Office of Profit?
Article 102 of the Constitution disqualifies an MP if they hold any office of profit under the Government of India or any state government, unless the office is declared by Parliament not to disqualify its holder. Article 191 contains similar provisions for MLAs.

The term “office” is not defined in the Constitution or the Representation of the People Act of 1951, but courts have interpreted it to mean a position with public duties. However, holding an office of profit does not disqualify a legislator from Parliament or a state assembly.

In 2006, the Supreme Court ruled in the Jaya Bachchan case that the relevant factor for determining an office of profit is whether the position can yield a profit or pecuniary gain, not whether the person actually received any monetary gain.

A person who acquires a contract or license from the government to perform functions the government would have done itself is not guilty of holding an office of profit. For example, acquiring a gas agency or a permit to operate it does not constitute holding an office of profit.

Are There Rules on Declaration of MPs’ Assets?
According to the Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004, every elected candidate must submit details of their movable and immovable property, their spouse’s and dependent children’s property, and their liabilities to the Speaker within ninety days of taking their seat.

What About MPs’ Business Interests?
The Code of Conduct for Ministers, issued by the Ministry of Home Affairs, mandates that ministers must sever all connections, short of divesting ownership, with any business they were involved in before their appointment. However, this does not apply to holding shares in public limited companies, except for the Prime Minister or Chief Minister.

Ministers are also required to refrain from starting or joining any new business and ensure that their family members do not engage in business dealings with the government, except in the usual course of trade or business at standard or market rates.

What Have Courts Said?
In 2017, Delhi BJP leader and lawyer Ashwini Kumar Upadhyay filed a petition in the Supreme Court against MPs practicing as advocates, arguing that it would constitute professional misconduct as they would earn fees from private clients while drawing a public salary.

In 2018, the Supreme Court ruled that legislators are not “full-time salaried employees” and thus can continue their legal practice, as there are no restrictions under the Advocates Act, 1961.