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?

1. 1 and 2 only
2. 3 only
3. 2 and 3 only
4. 1, 2 and 3

Explanation

Statements 1 and 2 are correct

• The Parliament (Prevention of Disqualification) Act, enacted in 1959, which has been amended five times (1993, 1999, 2000, 2006, 2013) to include offices that have been exempted (such as Minister of union or state, Leader of opposition in the Parliament) from the purview of ‘office of profit’ disqualification in spite of salary and other perks.

Statement 3 is incorrect

• The Constitution do not clearly define what constitutes an office of profit, but the definition has evolved over the years with interpretations made in various court judgments. An office of profit has been interpreted as a position that brings to the office-holder some financial gain, advantage, or benefit. The amount of such profit is immaterial. The office of profit law simply seeks to enforce a basic feature of the Constitution, the principle of separation of powers between the legislature and the executive.
• For example: In 2004, Jaya Bachchan, Rajya Sabha MP from the Samajwadi Party, was appointed chairperson of the UP Film Development Council (UPFDC). The apex court held that it was an Office of Profit and disqualified her from membership in the Upper House.

Answer: (a) 1 and 2 only; Difficulty Level: Medium