Consider the following statements :
- 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
- 2. The above-mentioned Act was amended five times.
- 3. The term ‘Office of Profit’ is well-defined in the Constitution of India.
Which of the statements given above is/are correct?
1 and 2 only
3 only
2 and 3 only
1, 2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2019
– Statement 2 is correct. The Parliament (Prevention of Disqualification) Act, 1959, has been amended several times since its enactment to add or remove offices from the list of exempted posts. It has been amended more than five times.
– Statement 3 is incorrect. The term ‘Office of Profit’ is not defined in the Constitution of India. Article 102(1)(a) for MPs and Article 191(1)(a) for MLAs state that a person shall be disqualified if they hold any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. The interpretation of ‘office of profit’ has been left to the courts based on various factors.