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Prelims 2019 · Q49 · Laws & acts

Consider the following statements :

  1. 1.The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.
  2. 2.The above-mentioned Act was amended five times.
  3. 3.The term 'Office of Profit' is well-defined in the Constitution of India.

Which of the statements given above is/are correct?

Show answer

Answer: A. Statement 1 is correct: the Parliament (Prevention of Disqualification) Act, 1959 lists posts whose holders are not disqualified as MPs for holding an 'office of profit'. Statement 3 is wrong: the Constitution uses the term 'office of profit' (Articles 102 and 191) but never defines it; courts have worked out its meaning. Statement 2 is accepted by the key: the Act has been amended several times to add exempted posts (for example in 2006). Since 1 is true and 3 is false, only option A fits.

Watch for: Students assume a term used in the Constitution must be defined there.

Why the other options are wrong
  • B. Wrong because 'office of profit' is not defined in the Constitution.
  • C. Wrong because statement 3 is false.
  • D. Wrong because statement 3 is false.

Source to check: Parliament (Prevention of Disqualification) Act, 1959; Constitution of India, Articles 102(1)(a) and 191(1)(a)

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.