UPSC Prelims 2019 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?

Explanation:

• Provisions of Articles 102 and 191 protect a legislator occupying a government position if the office in question has been made immune to disqualification by law.  Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times (till June 2019, Act was amended 5 times) to expand the exempted list. Some of the posts exempted from disqualification on the grounds of ‘Office of Profit’ are:
  • any office held by a Minister, Minister of State or Deputy Minister for the Union or for any State, whether ex officio or by name;
  • the office of a Leader of the Opposition in Parliament;
  • Parliamentary Secretaries and Parliamentary Under Secretaries;
  • the office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a Parliamentary Secretary;
  • Vice-Chancellors of Universities, etc. So, statements 1 and 2 are correct.
    
    
• The expression ‘office of profit’ has not been defined in the Constitution or in the Representation of People Act 1951. So, statement 3 is not correct.
  
  

Therefore, option (1) is the correct answer.

Relevance: In February 2018, following the recommendation of the Election Commission (EC), the President disqualified 20 MLAs of the Delhi Legislative Assembly for holding an ‘office of profit’.

Subject: Polity | Parliament