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Q59 (NDA-I/2024) Polity & Governance › State Executive & Legislature Official Key

Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under: 1. the Government of India. 2. any State Government. Select the correct answer using the code given below:

Result
Your answer: —  Â·  Correct: C
Explanation

Article 191(1)(a) of the Constitution of India explicitly details the disqualifications for membership of the Legislative Assembly or Legislative Council of a State. It states that a person shall be disqualified if they hold any office of profit under the Government of India or the Government of any State (specified in the First Schedule), other than an office declared by the State Legislature by law not to disqualify its holder.

  • Statement 1 is correct: Holding an office of profit under the Union Government leads to disqualification.
  • Statement 2 is correct: Holding an office of profit under any State Government also leads to disqualification.

This provision ensures the independence of legislators and prevents a conflict of interest between their legislative duties and executive appointments. Since both conditions apply, Option C is the correct answer.

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SIMILAR QUESTIONS

CDS-I · 2018 · Q57 Relevance score: 6.27

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.

CAPF · 2013 · Q86 Relevance score: 6.01

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

IAS · 2008 · Q99 Relevance score: 2.02

Consider the following statements: The Constitution of India provides that 1. the Legislative Assembly of each State shall consist of not more than 450 members chosen by direct election from territorial constituencies in the State. 2. a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State if he/she is less than 25 years of age. Which of the statements given above is/are correct?

IAS · 2020 · Q89 Relevance score: 1.59

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 ?

IAS · 2019 · Q49 Relevance score: 0.56

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?