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 ?
- (a) 1 only ✓ UPSC's answer
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Why the answer is (a)
• Statement 1 is correct: Article 164(4) lets a non-member be a State minister for six consecutive months, after which he must be elected to the legislature; the person must be qualified for membership, which presupposes being an elector.
• Statement 2 is wrong: Section 8(3) of the RPA, 1951 disqualifies a person sentenced to two years or more for the period of imprisonment plus six years after release — not permanently.
• The Supreme Court in Lily Thomas (2013) made this disqualification immediate on conviction.
• Hence 1 only, option (a).
Why the other options are wrong
- (b) 2 only
- Statement 2 is wrong: disqualification lasts six years after release, not for life.
- (c) Both 1 and 2
- Statement 2 is wrong.
- (d) Neither 1 nor 2
- Statement 1 is correct under Article 164(4).
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.