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
Explanation:
Article 75(5): A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
Member of Parliament of Lok Sabha must not be less than 25 years of age.
Member of Parliament of Rajya Sabha must not be less than 30 years of age.
Article 326 of the Constitution, and Section 19 of Representation of the People Act, 1950 stipulate that the minimum age for registration of a voter as 18 years.
Hence, statement 1 is incorrect.
The Representation of the People Act, 1951 is an act of the Parliament of India to provide for the conduct of election of the Houses of Parliament and Legislature, the qualifications and disqualifications for membership, and corrupt practices etc.
Representation of People Act:- Section 8 talks about Disqualification on conviction for certain offences.— Terror financing, promoting enmity between two groups, Dowry etc.
Under clause 3A of Section 8 of Representation of People Act, 1951 a person convicted of a criminal offence who has been sentenced to imprisonment for not less than two years is disqualified from contesting election for a period of six years since his release
Hence, statement 2 is incorrect.
Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2020