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Q49·GS Paper 1 · Prelims 2019

Office of Profit disqualification

PolityDisqualification of members and office of profitStatement-basedHardStatic

Question

Consider the following statements:

1The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.
2The above-mentioned Act was amended five times.
3The term 'Office of Profit' is well-defined in the Constitution of India.

Which of the statements given above is/are correct?

  1. 1.

    The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.

  2. 2.

    The above-mentioned Act was amended five times.

  3. 3.

    The term 'Office of Profit' is well-defined in the Constitution of India.

Options

a

1 and 2 only

Answer
b

3 only

c

2 and 3 only

d

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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