RAS question
The concept of 'office of profit' for disqualification of legislators is dealt with in:
Correct answer: (D) Articles 102 (Parliament) and 191 (State Legislatures).
Office-of-profit disqualification for legislators is dealt with in Article 102(1)(a) for Parliament and Article 191(1)(a) for State Legislatures.
Explanation
Articles 102 and 191 place office of profit within the Constitution’s disqualification framework. Article 102(1)(a) says a person is disqualified for being chosen as, and for being, a member of either House of Parliament if he holds an office of profit under the Government of India or a State government, unless Parliament declares that office non-disqualifying. Article 191(1)(a) applies the same idea to membership of a State Legislative Assembly or Legislative Council, with the State Legislature able to exempt an office by law. The Constitution does not define office of profit, so the usual tests ask who appoints, who can remove, whether remuneration is paid, and whether the post involves government functions.
Why the other options are wrong
- (A) The Tenth Schedule is not the provision identified for office-of-profit disqualification; the Constitution places that ground in Articles 102(1)(a) and 191(1)(a).
- (B) Article 75 only cannot be the answer because the office-of-profit ground is expressly tied to membership disqualification under Articles 102 and 191.
- (C) Article 368 is not where the cited office-of-profit disqualification appears; the relevant provisions are Articles 102(1)(a) and 191(1)(a).
Concept
This tests constitutional disqualifications for legislators, a recurring RAS governance theme because it connects electoral eligibility, separation from executive influence, and State Legislature practice. The exam often asks candidates to distinguish article-based disqualification rules from schedules and general constitutional provisions.