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
- (b) 2 only
- (c) Both 1 and 2
- (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.