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An MP or an MLA is barred from holding any 'office of profit' under the central or state government. Consider the following statements regarding this provision:
1. Constitution puts a limit on the number of offices that can be exempted from purview of office of profit.
2. It aims to enforce the principle of separation of power between the legislature and the executive.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
An MP or an MLA is barred from holding any office of profit under the ...
  • 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”. The Constitution specifies that the number of ministers including the Chief Minister has to be within 15% of the total number of members of the assembly (10% in the case of Delhi, which is a union territory with legislature).
  • The intent is that there should be no conflict between the duties and interests of an elected member.Provisions of Articles 102 and 191 also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law. In the recent past, several state legislatures have enacted laws exempting certain offices from the purview of office of profit. Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list.There is no bar on how many offices can be exempted from the purview of the law. Hence, statement 1 is not correct.
  • 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. Hence, statement 2 is correct.
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An MP or an MLA is barred from holding any office of profit under the central or state government. Consider the following statements regarding this provision:1.Constitution puts a limit on the number of offices that can be exempted from purview of office of profit.2.It aims to enforce the principle of separation of power between the legislature and the executive.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 An MP or an MLA is barred from holding any office of profit under the central or state government. Consider the following statements regarding this provision:1.Constitution puts a limit on the number of offices that can be exempted from purview of office of profit.2.It aims to enforce the principle of separation of power between the legislature and the executive.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 An MP or an MLA is barred from holding any office of profit under the central or state government. Consider the following statements regarding this provision:1.Constitution puts a limit on the number of offices that can be exempted from purview of office of profit.2.It aims to enforce the principle of separation of power between the legislature and the executive.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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