Q89.
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?
Answer
A
Explanation
• The expression 'office of profit' has not been defined in the Constitution or in the Representation of the People Act, 1951. They have been mentioned in the Article 102 and 191 of the Constitution. • According to Article 102 (1) (a), a person shall be disqualified as a member of Parliament for holding any office of profit under the government of India or the government of any state, 'other than an office declared by Parliament by law not to disqualify its holder'. Article 191 (1) (a) has a similar provision for the members of state assemblies. Hence, statement 3 is not correct. • Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list. • There is no bar on how many offices can be exempted from the purview of the law. Hence, statement 1 is correct.