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 statements given above is/are correct?
Detailed Explanation:
Answer: Option 1 — 1 and 2 only
The Parliament (Prevention of Disqualification) Act, 1959 exempts certain offices from disqualification under Article 102(1)(a), and has been amended five times to expand this list. However, the term 'Office of Profit' is not defined in the Constitution and its meaning has evolved through judicial interpretation.
✅ Statement 1 – Correct: The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts (like Ministers of State, Deputy Ministers, etc.) from disqualification on grounds of holding an 'Office of Profit' under the Government.
✅ Statement 2 – Correct: The Act has been amended five times (in 1960, 1993, 1999, 2000, and 2006) to expand the list of exempted offices.
❌ Statement 3 – Incorrect: The term 'Office of Profit' is mentioned in Articles 102 and 191 but is not defined in the Constitution; its interpretation has been left to judicial pronouncements.
📝 Short Notes: Office of Profit
- Constitutional Provisions: Articles 102(1)(a) for MPs and 191(1)(a) for MLAs disqualify persons holding an 'Office of Profit' under the Government from being members of Parliament or State Legislature respectively.
- No Statutory Definition: Neither the Constitution nor the Representation of the People Act, 1951 defines 'Office of Profit'; the concept has evolved through judicial interpretation.
- Key Judicial Tests: Courts consider factors like whether the office carries remuneration, whether it is held at the pleasure of the government, and whether the government exercises control over the office.
- Parliament (Prevention of Disqualification) Act, 1959: This Act lists offices that are exempted from disqualification, such as Ministers, Deputy Ministers, and various other specified posts under the Union and State Governments.
- Amendments: The Act has been amended in 1960, 1993, 1999, 2000, and 2006 to include more offices in the exemption list as per evolving needs.
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