JAGTIV · Previous Year Questions

UPSC

POLITY · 2019

Previous Year 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 statement(s) given above is/are correct?

A.

1 and 2

B.

Only 3

C.

2 and 3

D.

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.

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