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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2019, Q35

Contents12
UPSC Prelims GS2019Indian Polity
  1. A1 and 2 only
  2. B3 only
  3. C2 and 3 only
  4. D1, 2 and 3
Show answer

Answer: (A) 1 and 2 only

The correct answer is (A) — 1 and 2 only.

Statement 1 is correct — the Parliament (Prevention of Disqualification) Act, 1959 lists several posts that are exempted from 'Office of Profit' disqualification, so MLAs/MPs holding those posts won't lose their seats.

Statement 2 is correct — this Act has been amended five times to expand the exempted list.

Statement 3 is wrong — the term 'Office of Profit' is NOT defined anywhere in the Constitution. Courts have interpreted it on a case-by-case basis.

Tip: 'Office of Profit' is mentioned in the Constitution but never defined — its meaning has been developed through court judgments.

Why this was asked

The Parliament (Prevention of Disqualification) Act, 1959 creates exemptions so that MLAs and MPs can hold certain government posts without losing their legislative seats.

The Constitution mentions 'Office of Profit' as a disqualification but deliberately does not define it, leaving interpretation to courts and legislative exemptions.

UPSC is testing whether students know the difference between constitutional mention and constitutional definition of key terms.

Office of Profit Constitutional Provision

Indian Polity Office of Profit

Office of Profit: Constitutional Provision & UPSC Traps

Must know

Office of Profit mentioned in Constitution but never defined — courts interpret case-by-case

Article 102(1)(a) disqualifies MPs, Article 191(1)(a) disqualifies MLAs

Prevents legislators from holding executive positions that create conflict of interest

Good to know

Parliament can exempt specific posts through legislation

Constitutional Framework

Office of Profit is a disqualification ground for MPs and MLAs under Articles 102 and 191. The Constitution mentions this term but deliberately leaves it undefined — allowing judicial interpretation to evolve with changing circumstances.

• Article 102(1)(a): Disqualifies MPs holding office of profit under Central/State Government
• Article 191(1)(a): Similar provision for MLAs
• Exception: Parliament can exempt specific posts through law

Judicial Tests for Office of Profit

Test of Profit: Does the office holder receive pecuniary gain or benefit?

Test of Control: Is the office holder under government control or influence?

Test of Appointment: Who has the power to appoint and remove from the office?

Test of Function: Does the office involve executive/administrative functions?

Substantive Analysis: Courts look at real powers and benefits, not just titles

Exam traps

Trap: Statement 3 says Office of Profit is 'well-defined' in Constitution — it's never defined

Confusion: Students think constitutional mention means constitutional definition

Mix-up: Office of Profit applies to both MPs and MLAs, not just one category

Parliament Prevention of Disqualification Act 1959

Indian Polity Parliament (Prevention of Disqualification) Act, 1959 exempts several posts

Parliament (Prevention of Disqualification) Act, 1959: Exemptions & Amendments

Must know

1959 Act exempts specific posts from Office of Profit disqualification

Act has been amended 5 times to expand exempted posts list

Good to know

Allows legislators to hold certain government positions without losing membership

Covers posts under both Central and State governments

Purpose and Scope

The Parliament (Prevention of Disqualification) Act, 1959 creates statutory exceptions to Office of Profit disqualification. It lists specific posts that MPs and MLAs can hold without losing their legislative membership — balancing separation of powers with practical governance needs.

Key Exempted Categories

Category

Examples

Rationale

Ministers

Cabinet Ministers, Ministers of State

Essential for parliamentary system

Parliamentary Secretaries

Parliamentary Secretaries to Ministers

Assisting ministerial functions

Speakers/Chairpersons

Lok Sabha Speaker, Rajya Sabha Chairman

Constitutional offices

Committee Positions

Parliamentary Committee Members

Legislative oversight functions

Ceremonial Posts

Certain honorary positions

No real executive power

Amendment History

Five amendments made since 1959 to expand exemption list

Amendments respond to changing governance needs and court interpretations

Each amendment adds new posts or clarifies existing exemptions

Recent amendments include digital governance positions and new institutional roles

Exam traps

Correct Count: Act amended exactly 5 times — memorize this number

Function Clarity: Act exempts posts, doesn't define Office of Profit

Scope: Covers both MPs and MLAs, though enacted by Parliament

Office of Profit Landmark Cases

Indian Polity

Office of Profit: Landmark Cases & Judicial Evolution

Must know

Shiv Sagar Tiwari case (1996): Established modern tests for Office of Profit

Jaya Bachchan case (2006): Office of Profit exists even if no salary taken

Good to know

Courts use multiple tests — profit, control, appointment, function

Key Judicial Decisions

Case

Year

Key Ruling

Impact

Shiv Sagar Tiwari

1996

Laid down comprehensive tests for Office of Profit

Modern interpretation framework

Jaya Bachchan

2006

Office exists even without salary if other benefits present

Broader definition

Lok Prahari case

2013

Examined 56 AAP MLAs holding parliamentary secretary posts

Recent application

Various Election Commission cases

Ongoing

Case-by-case analysis of specific posts

Evolving jurisprudence

Judicial Approach

Substance over form: Courts examine real power and benefits, not just job titles

Case-by-case analysis: No blanket rule — each post evaluated individually

Liberal interpretation: Tendency to protect legislative membership unless clear conflict exists

Constitutional balance: Courts balance separation of powers with governance practicalities

Disqualification Grounds for MPs and MLAs

Indian Polity

Complete Disqualification Grounds: MPs & MLAs

Must know

Five main grounds: Office of Profit, unsound mind, undischarged insolvent, non-citizen, disqualified by law

Defection under 10th Schedule is separate disqualification ground

Good to know

Articles 102 & 191 list identical grounds for MPs and MLAs

Constitutional Disqualification Grounds

Ground

Article (MP/MLA)

Details

Authority to Decide

Office of Profit

102(1)(a) / 191(1)(a)

Holding office under Central/State govt

President / Governor

Unsound Mind

102(1)(b) / 191(1)(b)

Declared by competent court

President / Governor

Undischarged Insolvent

102(1)(c) / 191(1)(c)

Bankruptcy proceedings ongoing

President / Governor

Non-Citizen

102(1)(d) / 191(1)(d)

Loss of Indian citizenship

President / Governor

Disqualified by Law

102(1)(e) / 191(1)(e)

Parliament/Legislature can prescribe grounds

As per law

Defection

102(2) / 191(2)

Anti-defection under 10th Schedule

Speaker / Chairman

Exam traps

Authority Mix-up: President decides for MPs, Governor for MLAs on Office of Profit

Defection Exception: Defection cases decided by Speaker/Chairman, not President/Governor

Identical Provisions: Articles 102 and 191 have same grounds — don't memorize different lists