Previous Year Question
Consider the following statements.
The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
The above-mentioned Act was amended five times.
The term ‘Office of Profit’ is well-defined in the Constitution of India.
Which of the statement(s) given above is/are correct?
1 and 2
Only 3
2 and 3
1, 2 and 3
Correct Answer: A
Detailed Solution
Statement 1 is correct. Article 102(1)(a) provides that a person may be disqualified from being a Member of Parliament if that person holds an office of profit under the Union or a State Government. However, Parliament can declare by law that specified offices will not disqualify their holders. Accordingly, the Parliament (Prevention of Disqualification) Act, 1959 exempts several specified offices.
Statement 2 is correct. By the time this question was asked, the Act had been amended five times—in 1960, 1992, 1993, 2006 and 2013.
Statement 3 is incorrect. The expression “office of profit” is not explicitly or comprehensively defined in the Constitution. Courts have developed several tests for determining whether a particular position constitutes an office of profit, including:
the authority making the appointment;
the authority having the power of removal;
whether the government provides remuneration or another pecuniary benefit;
the extent of governmental control over the office and its functions; and
the nature of the duties performed.
No single test is necessarily conclusive; the substance of the position and the overall circumstances are considered.
The Explanation to Article 102 provides that a person is not deemed to hold an office of profit merely because that person is a Minister of the Union or a State.
Under Article 103, a question concerning the disqualification of a sitting Member of Parliament is decided by the President after obtaining the Election Commission’s opinion. The President acts according to that opinion. Article 192 contains a corresponding arrangement for members of State Legislatures.
The provision seeks to preserve legislative independence, prevent improper executive patronage and avoid conflicts of interest.