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The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents?
Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member.
Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service.
Select the correct answer using the code given below.
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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The Representation of People Act, 1950 provides for the criteria for ...
According to Section 20 of the Representation of People Act, 1950:
- A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. Mere ownership or possession of a building or other immovable property will not bestow upon the owner, the residential qualification. On the other hand, even persons living in sheds and persons living on pavements without any roof are eligible for enrolment provided they are ordinarily resident in the sheds or on pavements in a particular area, do not change the place of residence, and are otherwise identifiable.
- Temporary periods of absence from this ordinary place of stay can be ignored. It is not necessary that the period of stay should be continuous for any particular length of time and should be without any break. Temporary absence on account of duty or employment or even for pleasure should not be considered to interrupt the concept of ordinary residence.
- A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member. Hence statement 1 is not correct.
- Inmates of jails, other legal custody, hospitals, beggar homes, asylums, etc. should not be included in the electoral rolls of the constituency in which such institutions are located.
- Service Voters: Normally, the serving members of the armed forces of the Union or the central para- military forces, State Armed Police personnel posted outside the state, and the government servants posted outside India in Indian Missions/High Commissions are enrolled in their native places and not at their places of postings. They are called ̳Service Voters‘. Thus electors having a service qualification are entitled to get registered at their native places which maybe different from their ordinary residence. Hence statement 2 is not correct. Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.
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The Representation of People Act, 1950 provides for the criteria for ...
Understanding the Representation of People Act, 1950
The Representation of the People Act, 1950 outlines the criteria for determining the ordinary residence of candidates in elections. Let’s analyze the statements provided to understand why both are incorrect.
Statement 1: MP or MLA Ordinary Residence
- The first statement claims that any MP or MLA during their term of office is considered to be ordinarily resident in the constituency from where they are elected.
- Incorrectness: While MPs and MLAs represent their constituencies, they are not automatically deemed ordinarily resident there for the purpose of the Act. Their ordinary residence is usually based on their actual physical residence, not merely on their position.
Statement 2: Armed Forces Personnel
- The second statement asserts that any person serving in the armed forces of the Union is considered ordinarily resident at their place of service.
- Incorrectness: This statement misinterprets the Act. While armed forces personnel may have a designated place of service, their ordinary residence is usually considered to be their home address, not where they are stationed.
Conclusion
Both statements misinterpret the criteria set by the Representation of People Act, 1950 regarding ordinary residence. Therefore, the correct answer is option 'C': Both 1 and 2 are incorrect.
This understanding is crucial for anyone studying electoral laws and helps clarify the legal definitions that govern the eligibility and representation of candidates in India.
The Representation of the People Act, 1950 outlines the criteria for determining the ordinary residence of candidates in elections. Let’s analyze the statements provided to understand why both are incorrect.
Statement 1: MP or MLA Ordinary Residence
- The first statement claims that any MP or MLA during their term of office is considered to be ordinarily resident in the constituency from where they are elected.
- Incorrectness: While MPs and MLAs represent their constituencies, they are not automatically deemed ordinarily resident there for the purpose of the Act. Their ordinary residence is usually based on their actual physical residence, not merely on their position.
Statement 2: Armed Forces Personnel
- The second statement asserts that any person serving in the armed forces of the Union is considered ordinarily resident at their place of service.
- Incorrectness: This statement misinterprets the Act. While armed forces personnel may have a designated place of service, their ordinary residence is usually considered to be their home address, not where they are stationed.
Conclusion
Both statements misinterpret the criteria set by the Representation of People Act, 1950 regarding ordinary residence. Therefore, the correct answer is option 'C': Both 1 and 2 are incorrect.
This understanding is crucial for anyone studying electoral laws and helps clarify the legal definitions that govern the eligibility and representation of candidates in India.
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The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
Question Description
The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The Representation of People Act, 1950 provides for the criteria for the ordinary residence of candidates. Which of the following statements is/are not correct regarding the criteria of ordinary residents? Any MP or MLA during his term of office will be considered as ordinarily resident in the constituency from where he is elected as a member. Any person serving the armed forces of the Union is considered as ordinarily resident at the place of service. Select the correct answer using the code given below.a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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