Previous Year Question
Consider the following statements:
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.
According to the Representation of the 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 statement(s) given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. Mere eligibility to vote is insufficient for appointment as a State minister.
Article 164(4) permits a person who is not a member of the State Legislature to be appointed as a minister. However, if that person does not become a member of the State Legislature for six consecutive months, he or she ceases to be a minister upon expiry of that period.
This does not mean that every eligible voter can become a minister. The appointee must be qualified for membership of the Legislature and must not be subject to any disqualification.
The qualifications for voting and legislative membership are different:
Under Article 326, the minimum voting age is 18 years.
The minimum age for membership of a Legislative Assembly is 25 years.
The minimum age for membership of a Legislative Council is 30 years.
The person must be an Indian citizen and possess other qualifications prescribed by law.
A person disqualified under the Constitution or law cannot use the six-month provision to become a minister.
The six-month rule does not waive the eligibility requirements for legislative membership; it only gives a non-member minister a limited period to obtain membership.
Statement 2 is incorrect. The Representation of the People Act, 1951 does not impose permanent disqualification in the circumstances stated.
Under Section 8(3), a person convicted of an offence and sentenced to imprisonment for not less than two years:
Is disqualified from the date of conviction.
Continues to be disqualified for a further period of six years after release.
Therefore, a person sentenced to five years’ imprisonment ordinarily remains disqualified for six years after release, not permanently.
Section 8 broadly contains three categories:
Section 8(1) covers specified offences.
Section 8(2) covers offences under certain other specified laws.
Section 8(3) provides the general rule for conviction resulting in imprisonment of not less than two years.