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 specify certain offices of profit under the Government that do not disqualify their holders from being Members of Parliament (MPs). It lists several categories of posts, such as Ministers of State and Deputy Ministers, which are exempt from the disqualification criteria mentioned in Article 102(1)(a).

Statement 2 is Correct: The Act has been amended five times since its enactment to expand the list of exempted offices. These amendments took place in 1960, 1993, 1999, 2000, and 2006.

Statement 3 is Incorrect: The term 'Office of Profit' is mentioned in Article 102 (for MPs) and Article 191 (for MLAs) of the Constitution, but it is not defined in the Constitution of India or the Representation of the People Act, 1951. The definition and criteria for an 'Office of Profit' have evolved through various judicial interpretations and Supreme Court judgments.

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