Representation of People Act and Minister Qualifications
Question
Consider the following statements: Which of the statements given above is/are correct?
- 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.
Options
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation
To be eligible to vote, a person must be 18 years old. However, to be a minister (who must become a member of the State Legislature within 6 months), the person must be at least 25 years old (for Legislative Assembly). Thus, a mere eligible voter cannot necessarily be made a minister (Statement 1 is incorrect). Under Section 8 of the RPA 1951, a person convicted of a criminal offense and sentenced to >= 2 years imprisonment is disqualified from contesting elections during the prison term and for 6 years after release, not permanently (Statement 2 is incorrect). > One-line conceptual takeaway: Disqualifications under RPA 1951 are temporary (typically 6 years post-release), and age requirements for the executive branch exceed voting age. Answer: (d).
Question details
Year
2020
Paper
GS Paper 1
Question
Q19
Subject
Polity
Sub-topic
Elections & Representation
Type
Statement-based
Difficulty
Medium
Nature
Hybrid
Source hint
RPA 1951 / Article 164
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