Question 13 from UPSC CSE 2019 - Polity & Governance

Question

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?

IASCODEX · Accepted Answer

Correct Option: A. 1 and 2 only

Strategy: - Analyze Statement 1 by confirming the 1959 Act lists offices exempt from disqualification.
- Verify Statement 2 by recalling the Act has been amended five times.
- Evaluate Statement 3 by recognizing that 'Office of Profit' is not formally defined in the Constitution, rendering the statement incorrect.
- Conclude that only statements 1 and 2 are correct.

Key Info: **Office of Profit** is a constitutional term found in Articles 102(1)(a) and 191(1)(a), intended to protect legislative independence from executive influence. The term is not defined in the Constitution of India or the Representation of the People Act, 1951; its interpretation relies on judicial pronouncements to assess if a position offers pecuniary gain or government control.

The Parliament (Prevention of Disqualification) Act, 1959 specifies offices exempt from disqualification on these grounds. These include positions like Ministers, Chief Whip, and certain advisory roles.

The Act has been amended five times:
- 1960
- 1977
- 1993
- 2000
- 2006

These amendments often followed controversies over MPs' eligibility and expanded the list of exemptions. The Act provides Parliament the flexibility to exempt posts by law, with the rationale of preventing the disqualification of legislators for holding non-remunerative or ceremonial government offices that do not compromise their independence.

IASCODEX · Answer

Option B: 3 only

IASCODEX · Answer

Option C: 2 and 3 only

IASCODEX · Answer

Option D: 1, 2, and 3