Q. Consider the following statements:- The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.
- The above-mentioned Act was amended five times.
- The term 'Office of Profit' is well-defined in the Constitution of India.
Which of the statements given above is/are correct? (UPSC Prelims 2019)
Answer:
1 and 2 only
Notes: The correct answer is
[A] 1 and 2 only. This question tests the understanding of constitutional provisions and legislative history regarding the 'Office of Profit'.
- Statement 1 (Correct): The Parliament (Prevention of Disqualification) Act, 1959, was enacted to declare that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as, or for being, members of Parliament. It lists various categories of exempt positions.
- Statement 2 (Correct): The 1959 Act has been amended multiple times (specifically in 1960, 1993, 1999, 2000, 2006, and 2013) to expand the list of exempted offices. Since it has been amended more than five times, the statement is technically accurate in its assertion of the Act's evolving nature.
- Statement 3 (Incorrect): The term 'Office of Profit' is mentioned in Article 102(1)(a) and Article 191(1)(a) of the Constitution, but it is not defined in the Constitution or the Representation of the People Act, 1951. Its meaning has been clarified over time through various judicial interpretations and court rulings (e.g., the Pradyut Bordoloi vs. Swapan Roy case).
Articles 102 and 191 prevent MPs and MLAs from holding an 'Office of Profit' to ensure the independence of legislators and prevent a conflict of interest with the Executive.