GS PrelimsPolityCouncil of Ministers2020

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: Option D

Explanation

1. Statement 1 is incorrect. Article 164(4) of the Constitution of India states that a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall cease to be a Minister. While a person must eventually be qualified to be a member (which usually includes being eligible to vote), the Constitution doesn't explicitly state that being 'eligible to vote' is the condition for being appointed minister for the initial six months without being a member. 2. Statement 2 is incorrect. According to Section 8(3) of the Representation of People Act, 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years is disqualified from the date of conviction and continues to be disqualified for a further period of six years after their release. It does not provide for permanent disqualification. A sentence of five years would result in disqualification for the period of imprisonment plus six years after release. 3. Therefore, neither statement 1 nor 2 is correct.

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