Consider the following statements: 1. The Parliament (Prevention of

Consider the following statements:

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1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the ground 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 are correct?

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2010

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Statement 1 is correct. The Parliament (Prevention of Disqualification) Act, 1959, lists several offices under the Central and State Governments that do not disqualify a person from being a Member of Parliament, thereby exempting them from the ‘Office of Profit’ criterion for disqualification. Statement 3 is incorrect. The term ‘Office of Profit’ is not explicitly defined in the Constitution, but its meaning has been interpreted by the courts based on various criteria, such as whether the office carries remuneration, whether the holder can influence government decisions, and whether the government has control over the appointment or removal. Statement 2 is correct; the Act has been amended multiple times since its enactment to add more offices to the list of exempted posts.

The concept of ‘Office of Profit’ is not defined in the Constitution but has been subject to judicial interpretation. Parliament has the power to exempt certain offices through legislation (like the 1959 Act) from being considered offices of profit for disqualification purposes.

Articles 102(1)(a) and 191(1)(a) of the Constitution prohibit a person from holding an ‘Office of Profit’ under the government (Union or State) while being a member of Parliament or a State Legislature, respectively. The purpose is to maintain the independence of the legislature and prevent conflicts of interest.

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