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?

QUESTION

Medium

Indian Polity

Prelims 2019

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?

Select an option to attempt

Explanation

Statement 1 is Correct: The Parliament (Prevention of Disqualification) Act, 1959 was enacted to prevent disqualification of MPs and MLAs due to holding certain offices that are considered essential for governance. This Act exempts specific posts from disqualification under the Office of Profit clause, ensuring that legislators can hold certain government-appointed positions without losing their seats.

Statement 2 is Correct: The 1959 Act has been amended 5 times to expand the list of exempted offices.

Statement 3 is Incorrect: The Constitution of India does not explicitly define the term "Office of Profit." Instead, Articles 102(1)(a) and 191(1)(a) state that a person shall be disqualified from being a Member of Parliament or a State Legislature if they hold an Office of Profit under the government.

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