UPSC Prelims 2019 Q49: Indian Polity – Parliament
- (a) 1 and 2 only
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (a) 1 and 2 only
Explanation
Office of Profit and Related Law
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Parliament (Prevention of Disqualification) Act 1959 exempts several posts | TRUE | The 1959 Act lists exempted offices whose holders escape 'Office of Profit' disqualification under Article 102(1)(a). |
| 2 | Act was amended multiple times | TRUE | Amended several times to add/remove specific posts, e.g., 2006 amendment to protect Sonia Gandhi/NAC members. |
| 3 | Constitution defines 'Office of Profit' clearly | FALSE | The 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
- (a) CORRECT. The 1959 Act exempts specified offices from Office of Profit disqualification, and it has been amended multiple times. Constitution does not define 'Office of Profit'.
- (b) Incorrect. Statement 3 is wrong - Office of Profit is not defined in Constitution.
- (c) Incorrect. Statement 3 is factually wrong.
- (d) Incorrect. Statement 3 is 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
- Assuming Constitution defines every constitutional term. It leaves 'Office of Profit' to statute and courts.
- Confusing Article 102 (Parliament) with Article 191 (State Legislature) - both use the same concept.
- Not knowing tests laid down in Pradyut Bordoloi v Swapan Roy (2001) and similar cases.
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
- Parliament (Prevention of Disqualification) Act, 1959 and amendments
- Constitution of India - Articles 102(1)(a) and 191(1)(a)