Parliament (Prevention of Disqualification) Act 1959
Topic: Parliament: Composition, Powers and Law-making · NCERT: Beyond NCERT
Meaning
Under Article 102, an MP is disqualified for holding an "office of profit", meaning a government post that brings pay or benefits. But Parliament can declare some posts exempt by law. The Parliament (Prevention of Disqualification) Act 1959 is that law. It lists the posts that do not disqualify an MP. This keeps legislators independent of the government but still lets them hold some useful posts.
Example
In 2006 the Act was amended to add more exempt posts, and the change applied retrospectively (covering the past too). The Supreme Court upheld this amendment in Consumer Education and Research Society (2009). The same year, the Jaya Bachchan (2006) case had held that what matters is whether a post can bring money, even if no pay is drawn.
Don't confuse with
- Anti-defection law (Tenth Schedule): disqualifies a member for leaving their party. The presiding officer decides those cases, not the President.
Related concepts
- Qualifications for membership of Parliament
- Disqualification of members of Parliament
- Office of profit
- Double membership
- Vacation of seat for absence
- Members of Parliament Local Area Development Scheme