Civil Services Prep

Prelims 2020 · Polity and Constitution · Question 29

Consider the following statements: 1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Neither 1 nor 2

1. Incorrect. Article 164(1) read with Article 173 requires that a minister must be qualified to be a member of the State Legislature, not merely a person "eligible to vote." A voter may be below the minimum age required to be an MLA/MLC, so the statement is constitutionally inaccurate.

2. Incorrect. Under Section 8 of the Representation of the People Act, 1951, a person convicted and sentenced to imprisonment is disqualified during imprisonment and for six years after release, not permanently.

Therefore, neither statement 1 nor statement 2 is correct.

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