Prelims 2020 · Polity and Constitution · Question 29
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?
Answer
Neither 1 nor 2
1. Incorrect. Article 164(1) read with Article 173 requires that a minister must be qualified to be a member of the State Legislature, not merely a person "eligible to vote." A voter may be below the minimum age required to be an MLA/MLC, so the statement is constitutionally inaccurate.
2. Incorrect. Under Section 8 of the Representation of the People Act, 1951, a person convicted and sentenced to imprisonment is disqualified during imprisonment and for six years after release, not permanently.
Therefore, neither statement 1 nor statement 2 is correct.