Question
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
Answer:
D
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Explanation:
1. Statement 1 is incorrect: According to the Constitution of India, a person who is eligible to vote can be appointed as a minister in a State if they are a member of the Legislative Assembly or if they get themselves elected to the State Legislature within six months from the date of their appointment. So, while being eligible to vote is not sufficient, an individual can become a minister if they meet the additional requirement of being a member of the State Legislature.
2. Statement 2 is incorrect: According to Section 8 of the Representation of the People Act, 1951, a person convicted of any offense and sentenced to imprisonment for not less than two years is disqualified from the date of such conviction and continues to be disqualified for a further period of six years after their release from prison. Therefore, the disqualification is not permanent but has a specific duration.