Consider the following statements: 1. According to the Constitution

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 ?

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1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC IAS – 2020

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Statement 1: Article 164(4) of the Constitution states that a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. This implies that a person who is otherwise eligible can be appointed as a minister for a period of up to six months, during which time they must get elected to the legislature. Eligibility to vote is a basic requirement for being a legislator, so a voter is generally eligible to be considered for ministerial post for this period. Thus, statement 1 is correct.
Statement 2: Section 8 of the Representation of People Act, 1951 deals with disqualification on conviction for certain offences. If a person is convicted of any offence and sentenced to imprisonment for two years or more, he shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years after his release. A sentence of five years imprisonment falls under this category. The disqualification is for the period of sentence plus six years after release, not “permanently”. Thus, statement 2 is incorrect.

– A non-legislator can be a minister for a maximum of six months (Article 164(4)).
– Disqualification under RPA, 1951 for conviction and sentence of 2+ years is for the sentence duration plus six years after release, not permanent.

Statement 1 reflects the flexibility in the Indian parliamentary system to allow experts or individuals not currently in the legislature to be appointed as ministers for a short duration, provided they get elected within six months. Statement 2 highlights the specific provisions for criminal disqualification of candidates under the RPA, 1951, which are aimed at keeping persons with criminal backgrounds out of the legislature for a specified period.

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