UPSC CSE Prelims
Question 20
Consider the following statements:
- 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 that state.
- According to the Representation of People Act, 195 1, 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?
View correct answer and explanation
Correct answer: D
Correct Option: D (Neither 1 nor 2)
Explanation: Under Article 164(4), a non-legislator can be minister temporarily, but mere eligibility to vote does not establish qualification for ministership. Electoral disqualification for a prison sentence of five years is not permanent merely by virtue of conviction.
Statement / Pair / Item-wise Analysis:
1. Incorrect - A minister must meet legislative eligibility conditions, not merely be a registered/eligible voter; the six-month rule does not waive them.
2. Incorrect - Under Section 8 of the 1951 Act, disqualification normally continues during imprisonment and six years after release, not for life.
Option-wise Analysis:
A. Incorrect-includes incorrect item 1 (A minister must meet legislative eligibility conditions, not merely be a registered/eligible voter; the six-month rule does not waive them).
B. Incorrect-includes incorrect item 2 (Under Section 8 of the 1951 Act, disqualification normally continues during imprisonment and six years after release, not for life).
C. Incorrect-includes incorrect item 1 (A minister must meet legislative eligibility conditions, not merely be a registered/eligible voter; the six-month rule does not waive them); includes incorrect item 2 (Under Section 8 of the 1951 Act, disqualification normally continues during imprisonment and six years after release, not for life).
D. Correct-includes all and only valid statements/items none.