Consider the following statements regarding the Office of Profit under Article 102(1)(a) of the Constitution: 1. The expression 'office of profit' has been exhaustively defined in the body of the Constitution. 2. The question whether a member of Parliament has incurred disqualification due to holding an office of profit is decided by the President, whose decision is final. Which of the statements given above is/are correct?

💡 Solution & Explanation

Article 102(1)(a) disqualifies a person from being chosen as, and for being, a member of either House of Parliament if they hold any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. The term 'office of profit' is not defined in the Constitution or the Representation of the People Act, but has been interpreted through numerous judicial pronouncements. Under Article 103, the President decides on disqualifications after obtaining the opinion of the Election Commission.