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?

QUESTION

Hard

Indian Polity

Prelims 2020

Consider the following statements:

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.
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?

Select an option to attempt

Explanation

Statement 1 is incorrect: Under Article 164(4) of the Constitution, a minister who is not a member of the State Legislature for any period of six consecutive months shall cease to be a minister. However, to be appointed a minister, the person must satisfy the qualifications for membership of the State Legislature as per Article 173. While the voting age is 18 years (Article 326), the minimum age to be a member of the Legislative Assembly is 25 years (and 30 for the Legislative Council). Therefore, a person who is merely "eligible to vote" but under 25 cannot be a minister.

Statement 2 is incorrect: According to Section 8(3) of the Representation of the People Act (RPA), 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. It is not a "permanent" disqualification.

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