UPSC 2020PolityModerate

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

Explanation

Option (d) is correct because Statement 1 is false as voting eligibility (18 years) is lower than the age required to be a legislator (25 years), and Statement 2 is false because disqualification under the RPA 1951 lasts for the sentence period plus six years, not permanently. Option (a) is the most tempting error because candidates often remember the six-month rule for non-members but overlook that the person must still meet the age criteria for legislative membership to be a minister. The core concept tested is the distinction between voting rights, legislative eligibility under Article 164, and statutory disqualification rules under the Representation of People Act, 1951.

Elections & RepresentationQualifications & Disqualifications (RPA 1951)Representation of People Act 1951Ministerial QualificationsCriminal DisqualificationRight to VoteState Legislature

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