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?
- A.1 and 2 only
- B.3 only
- C.2 and 3 only
- D.1, 2 and 3
Correct answer
Explanation
The correct answer is A, 1 and 2 only. Statement 3 is wrong because the Constitution uses the term 'office of profit' but never defines it.
Article 102(1)(a) disqualifies a person from being a Member of Parliament if he holds an office of profit under the Government of India or a State Government, other than an office that Parliament by law declares not to disqualify its holder. Article 191 has the same rule for State legislators. Using this power, Parliament passed the Parliament (Prevention of Disqualification) Act, 1959, which lists posts whose holders are not disqualified. The Act had been amended five times by the time of the question; the best known amendment came in 2006, after the Jaya Bachchan case, and exempted a large number of posts with retrospective effect.
B is wrong because statement 3 is false and statements 1 and 2 are true. C is wrong because it includes statement 3 and leaves out statement 1. D is wrong because statement 3 is false; the meaning of office of profit has been worked out by the courts.
Exam tip: Office of profit: Articles 102 and 191; not defined in the Constitution; 1959 Act lists exemptions.
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