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UPSC Prelims 2019 Q49: Indian Polity – Parliament

UPSC Prelims 2019, General Studies Paper I · Indian Polity

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. (a) 1 and 2 only
  2. (b) 3 only
  3. (c) 2 and 3 only
  4. (d) 1, 2 and 3

Answer: (a) 1 and 2 only

Explanation

Office of Profit and Related Law

StatementClaimVerdictDetail
1Parliament (Prevention of Disqualification) Act 1959 exempts several postsTRUEThe 1959 Act lists exempted offices whose holders escape 'Office of Profit' disqualification under Article 102(1)(a).
2Act was amended multiple timesTRUEAmended several times to add/remove specific posts, e.g., 2006 amendment to protect Sonia Gandhi/NAC members.
3Constitution defines 'Office of Profit' clearlyFALSEThe Constitution does NOT define 'Office of Profit'. The term has been interpreted by courts based on tests: pecuniary benefit, control over holder, removal power, etc.

Statements 1 and 2 are correct. Answer: (a) 1 and 2 only.

Answer: (a) 1 and 2 only.

Why each option is right or wrong

Key point

Office of Profit: Undefined in Constitution. Article 102(1)(a) disqualifies MPs holding such offices. Parliament (Prevention of Disqualification) Act 1959 exempts specific offices - amended multiple times.

Remember

Statements 1 and 2 are correct - the Parliament (Prevention of Disqualification) Act 1959 exempts several posts from Office of Profit disqualification and has been amended multiple times. However, the term 'Office of Profit' is NOT well-defined in the Constitution - courts interpret it using multi-factor tests.

Common mistakes

Exam tip

Office of Profit tests (judicial): (i) Government makes the appointment. (ii) Government has right to remove or dismiss the holder. (iii) Government pays the remuneration. (iv) Functions relate to government/public service. If all hold, likely 'Office of Profit'.

Sources

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