Which of the following statements is are correct If an MLA or an MP holds a government office and re...........

Rajasthan Polity and Governance

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Which of the following statements is/are correct?

If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of profit”.
A person will be disqualified if he holds an office of profit under the central or state government, unless the office has been declared by a law passed by Parliament or state legislature not to disqualify its holder.

1 only

2 only

Both

None

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Explanation:

Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for an MLA in Article 191.

They can be disqualified under any the following instances:

a) Holding an office of profit under government of India or state government

b) Being of unsound mind

c) Being an undischarged insolvent;

d) Not being an Indian citizen or for acquiring citizenship of another country.

If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of profit”.

A person will be disqualified if he holds an office of profit under the central or state government, unless he holds an office that has been declared not to disqualify its holder by a law passed by Parliament or state legislature.