Question 6 from UPSC CSE 2020 - POLITY & GOVERNANC E

Question

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?

IASCODEX · Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: - Identify the constitutional requirements for ministership, noting that mere voter eligibility is insufficient.
- Determine the disqualification period under the Representation of People Act for a convicted person, confirming it is not permanent but lasts for the imprisonment term plus six years.
- Conclude that both given statements are factually incorrect, thus selecting the "Neither 1 nor 2" option.

Key Info: ## Constitutional Requirements for Ministership

Article 164(4) of the Constitution of India allows a non-legislator to be appointed as a minister, provided they become a member of the state legislature within six months. Minimum eligibility includes Indian citizenship and age requirements (25 for legislative assembly, 30 for legislative council). Being merely an eligible voter is not a sufficient or necessary condition for ministership.

## Disqualification under The Representation of the People Act, 1951

Section 8 of The Representation of the People Act, 1951, addresses disqualification upon conviction. A person sentenced to two or more years of imprisonment is disqualified from contesting elections for the duration of their imprisonment plus six years post-release. This disqualification is not permanent. While specific severe offenses might have other disqualification forms, they do not result in perpetual disqualification. Disqualification also ceases if the conviction is overturned on appeal.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2