Q. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Correct Answer : d) Neither 1 nor 2
Question from UPSC Prelims 2020 GS Paper
Explanation:
Statement 1:
This statement is misleading because it suggests that merely being eligible to vote qualifies someone to be appointed as a minister. However, the Constitution requires that a person must also meet the age criteria for being a member of the state legislature (25 years for the Legislative Assembly and 30 years for the Legislative Council) to be eligible for such an appointment. Moreover, they must become a member of the legislature within six months to continue in the ministerial position. Therefore, the statement is incorrect as it omits crucial information regarding eligibility.
Statement 2:
This statement is incorrect because it suggests a permanent disqualification for individuals convicted and sentenced to imprisonment for five years. According to the Representation of the People Act, 1951, the disqualification for contesting in elections is not permanent. A person is disqualified from the date of conviction and continues to be disqualified for a further period of six years after serving their sentence. After this period, the individual is eligible to contest in elections again.
Correct Answer: d) Neither 1 nor 2
