gs1medium

Consider the following statements:

  1. 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. 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. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
▶ Answer & Explanation

Correct answer: D. Neither 1 nor 2

Article 164(4) of the Constitution allows a person who is not a member of the state legislature to be appointed as a minister, provided they become a member within six months. The Representation of People Act, 1951, specifies disqualifications, but a sentence of five years imprisonment does not lead to permanent disqualification upon release. Disqualification is generally for a period of six years from the date of release, as per Section 8(3).

Source: UPSC gs1 2020

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