Indian Polity : Political Parties

Q 3 / 4

UPSC CSE Prelims 2020

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 that state.
  2. According to the Representation of People Act, 195 1, 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?

EXPLANATION

Correct Option

Option (d):

Statement 1 is incorrect. Article 164(4) of the Constitution of India permits a person who is not a member of the State Legislature to be appointed as a Minister for a period of six months. However, such a person must possess the qualifications required to become a member of the State Legislature. Merely being eligible to vote (i.e., being 18 years of age) is not the sole criterion; the person must also meet other eligibility requirements, such as a minimum age of 25 years to be a member of the Legislative Assembly. Therefore, the statement that a person needs only to be 18 years of age to be appointed as a Minister is incorrect.

Statement 2 is incorrect. According to Section 8(3) of the Representation of the People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for two years or more is disqualified from contesting elections. This disqualification commences from the date of conviction and continues for a further period of six years after their release from prison. The disqualification is for a specified duration, not permanent. Therefore, the statement that such a person is permanently disqualified is incorrect.

Since both Statement 1 and Statement 2 are factually incorrect, option (d) is the correct answer.

Incorrect Options

Option (a) 1 only: This is incorrect because Statement 1 is not accurate, as explained above.

Option (b) 2 only: This is incorrect because Statement 2 is not accurate, as explained above.

Option (c) Both 1 & 2: This is incorrect because both Statement 1 and Statement 2 are factually inaccurate.

SOURCEIndian Polity by M. Laxmikanth, Chapter 22: State Council of Ministers, Chapter 42: Electoral System