UPSC Prelims 2020 GS Paper I · Q19 / 97 Polity & Governance medium

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 ?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2 ✓ UPSC's answer

Why the answer is (d)

• Statement 1 is wrong: Article 164(4) allows a person who is not a member of the State Legislature to be a minister for six consecutive months, but the person must be qualified to be a member of the Legislature (Article 173 — for example, at least 25 years old for the Assembly). Merely being eligible to vote (18 years) is not enough.

• The Supreme Court in S. R. Chaudhuri v. State of Punjab (2001) also held that a non-member cannot be reappointed again and again to get around the six-month limit.

• Statement 2 is wrong: under Section 8(3) of the Representation of the People Act, 1951, a person sentenced to two years or more is disqualified from the date of conviction and for a further six years after release, not permanently.

• Hence neither 1 nor 2, option (d).

Why the other options are wrong

(a) 1 only
Statement 1 is wrong: a minister must be qualified to be a legislator, not merely a voter.
(b) 2 only
Statement 2 is wrong: disqualification lasts six years after release, not for life.
(c) Both 1 and 2
Both statements are wrong.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2020, held on 4 October 2020. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

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