JAGTIV · Previous Year Questions

UPSC

POLITY · 2020

Previous Year 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 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?

A.

1 only

B.

2 only

C.

Both 1 and 2

D.

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.

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