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Consider the following statements
1. According to Constitution of India, A person who 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 offense and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.
Which of the above-given statements is/are correct? (2020)
  • a)
    Neither 1 nor 2 
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    1 only
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements1. According to Constitution of India...
Statement 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.
Statement 2: According to the Representation of People Act, 1951, a person convicted of a criminal offense and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.

Explanation:
Statement 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.

This statement is incorrect. According to Article 164(4) of the Constitution of India, a non-member can be appointed as a minister in a state for a maximum period of six months. However, during this period, the non-member must become a member of the legislature. If the non-member fails to become a member within the stipulated time, he/she ceases to be a minister. Therefore, eligibility to vote alone does not make a person eligible to be a minister in a state.

Statement 2: According to the Representation of People Act, 1951, a person convicted of a criminal offense and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.

This statement is correct. Section 8 of the Representation of People Act, 1951 provides for the disqualification of a person convicted of a criminal offense and sentenced to imprisonment for at least five years. Such a person is permanently disqualified from contesting any election, whether it is for the Parliament or the State Legislative Assembly. This disqualification applies even after the person's release from prison.

Therefore, the correct answer is option 'A' - Neither 1 nor 2. Statement 1 is incorrect because eligibility to vote alone does not make a person eligible to be a minister in a state. Statement 2 is correct because a person convicted of a criminal offense and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.
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Community Answer
Consider the following statements1. According to Constitution of India...
  • Every citizen who is 18 years old on the qualifying date (January 1 of the year in case) unless disqualified, is eligible to be enrolled as a voter.
  • An individual who is not an MLA can become a minister if he gets himself elected to the State Legislature within six months from the date of his appointment.
  • However, while the voting age is at 18 years, a person can be an MLA only after 25 years of age. Hence Statement 1 is NOT Correct.
  • Section 8 of RPA, 1951 states the grounds for disqualification on conviction of certain offenses pursuant to Section 8 of RPA, 1951.
  • The convicted candidate is disqualified from being a member of either house of Parliament or State Legislature from the date of such conviction till the stated time. This is not permanent. Hence Statement 2 is Not Correct.
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Consider the following statements1. According to Constitution of India, A person who 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 state2. According to the representation of people act, 1951, a person convicted of a criminal offense and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.Which of the above-given statements is/are correct? (2020)a)Neither 1 nor 2b)2 onlyc)Both 1 and 2d)1 onlyCorrect answer is option 'A'. Can you explain this answer?
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