Q. 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 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? (UPSC Prelims 2020)
Answer:
Neither 1 nor 2
Notes: The correct answer is
[D] Neither 1 nor 2. Both statements contain technical inaccuracies regarding constitutional provisions and electoral laws.
- Statement 1 (Incorrect): While Article 164(4) allows a person who is not a member of the State Legislature to be appointed as a Minister for six months, the eligibility is not simply being "eligible to vote" (which requires being 18 years old). To be a Minister, one must satisfy the qualifications for membership of the State Legislature. Under Article 173, the minimum age to be a member of the Legislative Assembly is 25 years. Thus, an 18-year-old voter cannot be appointed as a Minister.
- Statement 2 (Incorrect): Under Section 8(3) of the Representation of the People Act, 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction. However, this disqualification is not permanent. It continues for the period of imprisonment and a further period of six years after their release. After this total period expires, the individual is eligible to contest elections again.
- Key Distinction: The Constitution sets the framework for executive appointments, while the RPA 1951 governs the specifics of electoral conduct and disqualifications. Permanent disqualification is generally not a feature of the RPA for criminal convictions; it is time-bound.