| Consider the following statements regarding Office of Profit. |
| 1. The scrutiny of newly set up bodies to offices of profit is done by a Parliamentary Committee. |
| 2. If a person held an office of profit at the time of his election, but resigned later on, he can still be disqualified. |
| 3. The President is bound to act on the advice of Election Commission on the question of disqualification due to holding an office of profit. |
| Which of the statements) given above is/are correct? |
A) 1 and 2
B) 1 and 3
C) Only 3
D) All of these
Correct Answer: D
Solution :
[d] The Joint Parliamentary Committee of Office of Profit looks at newly created offices to see if they are offices profit. Some of the criteria the committee uses while doing whether the government exercises control over appointment and removal from the office, whether the body in question enables the holder to exercise powers of patronage, whether the body exercises legislative, executive or judicial powers etc. Statement 1 is thus, correct. Statement 2 is also correct Holding of office of profit is a disqualification at the time of election as well as after being elected. If such a fact is found even after the completion of election, the person can be disqualified for not having possessed the required qualifications for election at the time of election. Statement 3 is also correct as Article 103 of the Constitution provides that any question of disqualification of a member of Parliament is referred by the President to the Election Commission and he shall have to act in accordance advice given by the Election Commission. The right is thus [a].
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