{"id":91808,"date":"2025-06-01T11:07:02","date_gmt":"2025-06-01T11:07:02","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=91808"},"modified":"2025-06-01T11:07:02","modified_gmt":"2025-06-01T11:07:02","slug":"consider-the-following-statements-1-according-to-the-constitution","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/","title":{"rendered":"Consider the following statements:\n  1. According to the Constitution"},"content":{"rendered":"<p>Consider the following statements:<\/p>\n<ul>\n<li>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.<\/li>\n<li>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.<\/li>\n<\/ul>\n<p>Which of the statements given above is\/are correct ?<\/p>\n<p>[amp_mcq option1=&#8221;1 only&#8221; option2=&#8221;2 only&#8221; option3=&#8221;Both 1 and 2&#8243; option4=&#8221;Neither 1 nor 2&#8243; correct=&#8221;option1&#8243;]<\/p>\n<div class=\"psc-box-pyq-exam-year-detail\">\n<div class=\"pyq-exam\">\n<div class=\"psc-heading\">This question was previously asked in<\/div>\n<div class=\"psc-title line-ellipsis\">UPSC IAS &#8211; 2020<\/div>\n<\/div>\n<div class=\"pyq-exam-psc-buttons\"><a href=\"\/pyq\/pyq-upsc-ias-2020.pdf\" target=\"_blank\" class=\"psc-pdf-button\" rel=\"noopener\">Download PDF<\/a><a href=\"\/pyq-upsc-ias-2020\" target=\"_blank\" class=\"psc-attempt-button\" rel=\"noopener\">Attempt Online<\/a><\/div>\n<\/div>\n<section id=\"pyq-correct-answer\">\nStatement 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.<br \/>\nStatement 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 &#8220;permanently&#8221;. Thus, statement 2 is incorrect.<br \/>\n<\/section>\n<section id=\"pyq-key-points\">\n&#8211; A non-legislator can be a minister for a maximum of six months (Article 164(4)).<br \/>\n&#8211; Disqualification under RPA, 1951 for conviction and sentence of 2+ years is for the sentence duration plus six years after release, not permanent.<br \/>\n<\/section>\n<section id=\"pyq-additional-information\">\nStatement 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.<br \/>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>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 &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Consider the following statements:\n  1. According to the Constitution\" class=\"read-more button\" href=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/#more-91808\">Detailed Solution<span class=\"screen-reader-text\">Consider the following statements:<br \/>\n  1. According to the Constitution<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1092],"tags":[1288,1250,1099],"class_list":["post-91808","post","type-post","status-publish","format-standard","hentry","category-upsc-ias","tag-1288","tag-election-commission","tag-indian-polity-and-governance","no-featured-image-padding"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.2 (Yoast SEO v23.3) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Consider the following statements:  1. According to the Constitution<\/title>\n<meta name=\"description\" content=\"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 &quot;permanently&quot;. 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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Consider the following statements:  1. According to the Constitution\" \/>\n<meta property=\"og:description\" content=\"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 &quot;permanently&quot;. 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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:07:02+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Consider the following statements:  1. According to the Constitution","description":"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.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/","og_locale":"en_US","og_type":"article","og_title":"Consider the following statements:  1. According to the Constitution","og_description":"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.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:07:02+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/","url":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/","name":"Consider the following statements: 1. According to the Constitution","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:07:02+00:00","dateModified":"2025-06-01T11:07:02+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"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.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-according-to-the-constitution\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC IAS","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-ias\/"},{"@type":"ListItem","position":3,"name":"Consider the following statements: 1. According to the Constitution"}]},{"@type":"WebSite","@id":"https:\/\/exam.pscnotes.com\/mcq\/#website","url":"https:\/\/exam.pscnotes.com\/mcq\/","name":"MCQ and Quiz for Exams","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/exam.pscnotes.com\/mcq\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209","name":"rawan239","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","caption":"rawan239"},"sameAs":["https:\/\/exam.pscnotes.com"],"url":"https:\/\/exam.pscnotes.com\/mcq\/author\/rawan239\/"}]}},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/91808","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/comments?post=91808"}],"version-history":[{"count":0,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/91808\/revisions"}],"wp:attachment":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/media?parent=91808"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/categories?post=91808"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/tags?post=91808"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}