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 ?
Show answer
Answer: D. Statement 1 is wrong: Article 164(4) lets a non-member be a minister for six months, but the Supreme Court (B.R. Kapur v. State of Tamil Nadu, 2001) held that such a person must be qualified to become a member of the Legislature (for example, at least 25 years old for the Assembly). Being eligible to vote is not enough. Statement 2 is wrong: under Section 8 of the Representation of the People Act, 1951, disqualification lasts for the jail term plus six years after release, not for life. So neither.
Watch for: Statement 1 sounds right because the six-month rule is real; the catch is 'eligible to vote'.
Why the other options are wrong
- A. Wrong because being a voter (age 18) is not enough; legislator qualifications are required.
- B. Wrong because disqualification is for the sentence plus six years, not for life.
- C. Wrong because both statements are false.
Source to check: Constitution of India, Articles 164(4) and 173; B.R. Kapur v. State of Tamil Nadu (2001); Representation of the People Act, 1951, Section 8(3)
Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.