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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
The correct answer is option A (statements 1 and 2 only).
**Statement 1 is correct**: The Parliament (Prevention of Disqualification) Act, 1959 declares that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as (or for being) members of Parliament.[1] This clearly shows the Act exempts several posts from disqualification on grounds of 'Office of Profit'.
**Statement 2 is correct**: The Act has been amended five times since its enactment in 1959, which is a factual matter regarding the legislative history of this Act.
**Statement 3 is incorrect**: The expression 'office of profit under the Government' occurring in sub-clause (a) of clause (1) of article 102 has not been defined in the Constitution.[2] Additionally, the law does not clearly define what constitutes an office of profit but the definition has evolved over the years[3] through judicial interpretation.
Therefore, only statements 1 and 2 are correct, making option A the right answer.
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 81: Election Laws > OTHER ACTS RELATING TO ELECTIONS > p. 580
- [2] https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/30-85/CHAPTER3.pdf
- [3] https://prsindia.org/theprsblog/explained-law-on-holding-an-%E2%80%98office-of-profit%E2%80%99?page=52&per-page=1
PROVENANCE & STUDY PATTERN
Guest previewThis question is a classic 'Wolf in Sheep's Clothing'. While Statement 2 (amendment count) is an obscure 'Bouncer' fact, Statement 3 is a fundamental static concept found in every basic book. The strategy here is not to know everything, but to identify the one 'Definite False' statement (Stmt 3) which collapses the options immediately to [A].
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Directly states the Parliament (Prevention of Disqualification) Act, 1959 declares certain offices of profit shall not disqualify holders from being chosen as or being members of Parliament.
- Names the 1959 Act as the statutory vehicle that exempts specific offices of profit from disqualification.
- Constitutional provision disqualifies holders of any office of profit except ministers or any other office exempted by Parliament.
- Establishes the constitutional power and basis for Parliament to exempt offices from disqualification (which the 1959 Act implements).
- Reiterates that holding an office of profit is a disqualification except where Parliament exempts the office.
- Corroborates the legislative-exemption mechanism referenced by the 1959 Act.
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