UPSC Prelims 2020·GS1·polity-and-governance·constitution

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?

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  1. A1 onlyCorrect
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2

Explanation

Let's analyze each statement: 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. This statement is correct. Article 164(4) of the Constitution states: "A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister." This provision allows a non-legislator (who is otherwise qualified to be a member of the legislature, which includes being eligible to vote and being of the prescribed age) to be appointed as a minister for a maximum period of six months, during which time they must get elected or nominated to either house of the state legislature. 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. This statement is incorrect. Section 8 of the Representation of People Act, 1951, deals with disqualification on conviction for certain offenses. It states that a person convicted of any offense and sentenced to imprisonment for two years or more 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. The disqualification is for a fixed period (sentence period + six years after release), not permanent. Therefore, only statement 1 is correct.
polity-and-governance: Consider the following statements: 1. According to the Constitution of India, a person who is eligible to vote can be ma

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