UPSC Previous Year Question | Prelims GS | 2020
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 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer
Correct Answer
Neither 1 nor 2
Explanation
A non-member can be made a minister for six months only if he is otherwise qualified to be a member of the legislature, and merely being eligible to vote is not enough, so statement 1 is wrong. Under Section 8 of the RP Act 1951, a person sentenced to at least two years is disqualified from conviction and for six years after release, not permanently, so statement 2 is wrong.
Topics: article 164(4) and section 8 of the rp act 1951, ministers & electoral disqualification, polity & governance, state executive & elections