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
▶ Answer & Explanation
Correct answer: D. Neither 1 nor 2
Article 164(4) of the Constitution permits 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, disqualifies a person convicted of an offence and sentenced to imprisonment for not less than two years from contesting elections. However, this disqualification is for a period of six years from the date of release, not permanent, and the sentence required for this disqualification is two years, not five.
Source: UPSC gs1 2020