Question

UPSC Prelims 2020 Question:

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

Answer (Detailed Solution Below)

Option 4: Neither 1 nor 2

Detailed Solution

Explanation:

  • The Constitution makes no mention of eligibility to vote as a requirement for appointment as a minister in a State. Anyone who is a citizen and who is 18 years old on the qualifying date (in this case, January 1 of the year) is eligible to be enrolled as a voter. An individual who is not an Member of Legilsative Assembly (MLA) can become a minister if he/she gets elected to the State Legislature within six months. The minimum age required to become an MLA is 25 years. It means a voter has to attain 25 years of age before becoming a Minister. So, statement 1 is not correct.

  • According to the Representation of People Act, 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. So, statement 2 is not correct.

Therefore, option (4) is the correct answer.

Subject: Polity | Elections

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