Office of Profit disqualification
Question
Consider the following statements:
Which of the statements given above is/are correct?
- 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.
Options
1 and 2 only
3 only
2 and 3 only
1, 2 and 3
Explanation
Statement 1 is correct. The Parliament (Prevention of Disqualification) Act, 1959 exempts various government and quasi-government posts from disqualification on the grounds of holding an 'office of profit'. Statement 2 is correct. The Act has been amended multiple times over the years to expand the list of exempted offices. Statement 3 is incorrect. The Constitution of India (Article 102 and 191) does not provide a clear definition of 'Office of Profit'; it has been left somewhat vague and is interpreted through judicial decisions and the Prevention of Disqualification Act. The absence of a clear constitutional definition has led to considerable litigation and controversy. > The Prevention Act exempts posts and has been amended multiple times; 'Office of Profit' remains undefined in the Constitution. Answer: (a).
Question details
Year
2019
Paper
GS Paper 1
Question
Q49
Subject
Polity
Sub-topic
Disqualification of members and office of profit
Type
Statement-based
Difficulty
Hard
Nature
Static
Source hint
NCERT Polity; Parliament (Prevention of Disqualification) Act, 1959
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