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Consider the following statements regarding 'Office of profit':
1. The Indian constitution does not define the term 'Office of profit'.
2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.
3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.
Which of the statements given above is/are correct?
1. The Indian constitution does not define the term 'Office of profit'.
2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.
3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.
Which of the statements given above is/are correct?
- a)1 only
- b)1 and 2 only
- c)2 only
- d)1 and 3 only
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Consider the following statements regarding Office of profit:1. The In...
• Statement 1 is correct: The Indian constitution doesn't provide any definition of the term 'Office of Profit'. However, the definition has evolved over the years with interpretations made in various court judgments. An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit. The amount of such profit is immaterial. In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment. Several factors are considered in this determination including factors such as:
1. whether the government is the appointing authority,
2. whether the government has the power to terminate the appointment,
3. whether the government determines the remuneration,
4. what is the source of remuneration, and
5. the power that comes with the position.
• Statement 2 is correct: MPs hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an office of profit‘ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.
• Statement 3 is not correct: Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government. The articles clarify that a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister‖.
• Parliament has enacted the Parliament (Prevention of Disqualification) Act, 1959 for listing offices that are outside the purview of the 'Office of Profit'. The Joint Committee on Office of Profit is constituted in pursuance of a Government motion adopted by Lok Sabha and concurred in by Rajya Sabha. It consists of 15 members. The main functions of the Committee are examining the composition and character of the Committees appointed by the Central and State Governments and to recommend what offices should come within the purview of 'Office of Profit'.
• Even state legislatures have power to make laws to exempt certain offices from 'Office of Profit' for MLAs.For instance- Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 2017 declared certain offices of profit which will not disqualify their holders for being, or for being chosen as, members of the Rajasthan Assembly.
1. whether the government is the appointing authority,
2. whether the government has the power to terminate the appointment,
3. whether the government determines the remuneration,
4. what is the source of remuneration, and
5. the power that comes with the position.
• Statement 2 is correct: MPs hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an office of profit‘ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.
• Statement 3 is not correct: Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government. The articles clarify that a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister‖.
• Parliament has enacted the Parliament (Prevention of Disqualification) Act, 1959 for listing offices that are outside the purview of the 'Office of Profit'. The Joint Committee on Office of Profit is constituted in pursuance of a Government motion adopted by Lok Sabha and concurred in by Rajya Sabha. It consists of 15 members. The main functions of the Committee are examining the composition and character of the Committees appointed by the Central and State Governments and to recommend what offices should come within the purview of 'Office of Profit'.
• Even state legislatures have power to make laws to exempt certain offices from 'Office of Profit' for MLAs.For instance- Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 2017 declared certain offices of profit which will not disqualify their holders for being, or for being chosen as, members of the Rajasthan Assembly.
Most Upvoted Answer
Consider the following statements regarding Office of profit:1. The In...
Understanding the Office of Profit
The concept of "Office of Profit" is significant in Indian constitutional law, especially concerning the eligibility of legislators. Let's analyze the statements provided:
Statement 1: The Indian constitution does not define the term Office of profit.
- This statement is correct. The term "Office of Profit" is not explicitly defined in the Indian Constitution. It is derived from various interpretations and legal precedents.
Statement 2: Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.
- This statement is also correct. The laws surrounding the Office of Profit aim to maintain the separation of powers by preventing members of the legislature from holding positions that could compromise their independence or lead to conflicts of interest. This principle ensures that the executive does not exert undue influence on the legislative branch.
Statement 3: Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.
- This statement is incorrect. While Parliament does have the authority to legislate on this matter, state legislatures also have the power to define and exempt certain offices from the Office of Profit provisions within their respective jurisdictions.
Conclusion
Based on the analysis:
- Statements 1 and 2 are correct.
- Statement 3 is incorrect.
Thus, the correct answer is option b) 1 and 2 only. This reflects a comprehensive understanding of the nuances surrounding the Office of Profit in the Indian context.
The concept of "Office of Profit" is significant in Indian constitutional law, especially concerning the eligibility of legislators. Let's analyze the statements provided:
Statement 1: The Indian constitution does not define the term Office of profit.
- This statement is correct. The term "Office of Profit" is not explicitly defined in the Indian Constitution. It is derived from various interpretations and legal precedents.
Statement 2: Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.
- This statement is also correct. The laws surrounding the Office of Profit aim to maintain the separation of powers by preventing members of the legislature from holding positions that could compromise their independence or lead to conflicts of interest. This principle ensures that the executive does not exert undue influence on the legislative branch.
Statement 3: Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.
- This statement is incorrect. While Parliament does have the authority to legislate on this matter, state legislatures also have the power to define and exempt certain offices from the Office of Profit provisions within their respective jurisdictions.
Conclusion
Based on the analysis:
- Statements 1 and 2 are correct.
- Statement 3 is incorrect.
Thus, the correct answer is option b) 1 and 2 only. This reflects a comprehensive understanding of the nuances surrounding the Office of Profit in the Indian context.
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Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?
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Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Consider the following statements regarding Office of profit:1. The Indian constitution does not define the term Office of profit.2. Laws relating to the office of profit seek to enforce the principle of separation of power between the legislature and the executive.3. Only the Parliament has the power to enact laws and keep certain offices out of the purview of the Office of Profit.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 onlyd)1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice UPSC tests.
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