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 ✓ UPSC's answer
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Why the answer is (a)
• Article 102(1)(a) disqualifies MPs holding an 'office of profit' under the Government unless Parliament exempts the office by law.
• Statement 1 is correct: the Parliament (Prevention of Disqualification) Act, 1959 lists exempted offices such as ministers, leaders of opposition, parliamentary secretaries and members of many commissions.
• Statement 2 is correct: as the official key accepts, the Act had been amended five times by then, the 2006 amendment following the Sonia Gandhi NAC controversy.
• Statement 3 is wrong: the Constitution does not define 'office of profit'; the tests were laid down by the Supreme Court (e.g. Pradyut Bordoloi, Jaya Bachchan cases).
• Hence 1 and 2 only, option (a).
Why the other options are wrong
- (b) 3 only
- Statement 3 is wrong: the term is not defined in the Constitution.
- (c) 2 and 3 only
- Statement 3 is wrong; statement 1 is correct.
- (d) 1, 2 and 3
- Statement 3 is wrong.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.