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Q49 (IAS/2019) Polity & Governance › Parliament › Office of profit Official Key

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?

Result
Your answer:  ·  Correct: A
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. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 81: Election Laws > OTHER ACTS RELATING TO ELECTIONS > p. 580
  2. [2] https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/30-85/CHAPTER3.pdf
  3. [3] https://prsindia.org/theprsblog/explained-law-on-holding-an-%E2%80%98office-of-profit%E2%80%99?page=52&per-page=1
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualifica…
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 3.3/10 · 3.3/10
You're seeing a guest preview. The Verdict and first statement analysis are open. Login with Google to unlock all tabs.

This 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].

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does the Parliament (Prevention of Disqualification) Act, 1959 exempt posts from disqualification on the grounds of "Office of Profit"?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 81: Election Laws > OTHER ACTS RELATING TO ELECTIONS > p. 580
Presence: 5/5
“• 1. 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. • 2. Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 provides for the inclusion in, and the exclusion from, the lists of Scheduled Castes and Scheduled Tribes, of certain castes and tribes, for the readjustment. 'Earlier, the Delimitation Acts were enacted in 1952, 1962 and 1972.'”
Why this source?
  • 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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 226
Presence: 5/5
“Under the Constitution, a person shall be disqualified for being elected as a member of Parliament: 1. ifhe/ she holds any office of profit under the Union or state government(except that of a minister or any othe r office exempted by Parliament).6”
Why this source?
  • 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).
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 226
Presence: 4/5
“Under the Constitution, a person shall be disqualified for being elected as a member of Parliament: 1. ifhe/ she holds any office of profit under the Union or state government(except that of a minister or any othe r office exempted by Parliament).6”
Why this source?
  • 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.
Statement analysis

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Statement analysis

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A person shall be disqualified for being chosen as, and for being, a member of either House of the Parliament if she/he 1. holds any office of profit under the Government of India or the Government of any State, other than an office exempted by the Parliament by law 2. is of unsound mind and stands so declared by a competent court 3. remains absent from all meetings of the House for a period of 60 days without the permission of the House

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A person is disqualified for being chosen as, and for being, a Member of either House of the Parliament if the person 1. holds any office of profit under the Government of India or the Government of any State other than an office declared by the Parliament by law not to disqualify its holder 2. is an undischarged insolvent 3. is so disqualified under the Tenth Schedule of the Constitution of India 4. is of unsound mind and stands so declared by a competent Court Select the correct answer using the code given below.

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Consider the following statements : 1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct ?