Consider the following statements about the term “Office of Profit” used in Indian Constitution:
- The Constitution provides for disqualification of Member of Parliament, if he/she holds “Office of Profit” under any government other than those allowed by the parliament
- The final power to decide whether a person holds an office of profit under government of India lies with the Law Ministry of India
Which of the above statements is/are correct?
First statement is correct. Second statement is incorrect because there is no law which defines the term “Office of Profit”. Hence the final power lies in the hands of Supreme Court of India to define office of profit. Clause (a) of Article 102 of the Constitution of India says a person shall be disqualified for being chosen as, and for being, a member of either house of Parliament, if he holds 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.
This question is a part of GKToday's Integrated IAS General Studies Module