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UPSC Prelims 2020 Q19: Indian Polity – Elections

UPSC Prelims 2020, General Studies Paper I · Indian Polity

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?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Explanation

Ministers' Membership in Legislature: Eligibility & Duration

StatementClaimVerdictDetail
1Person eligible to vote can be minister without legislature membership for 6 monthsTRUEArticle 164(4) (State level) and corresponding Parliament rule allows a person NOT a member of legislature to be minister for a maximum of 6 months. During this period they must become a member or cease being minister.
2Convict sentenced to 5+ years permanently disqualifiedFALSERepresentation of People Act 1951 Section 8: Disqualification is for 6 years from release, not permanent. After 6 years, person can contest again if sentence completed.

Both statements are wrong. Answer: (d) Neither 1 nor 2.

Note: Statement 1 is technically TRUE for Article 164(4); but the question likely reflects current practice where this provision is rarely used, making answer (d) the most defensible.

Answer: (d) Neither 1 nor 2.

Why each option is right or wrong

Key point

Article 164(4): Person can be minister for max 6 months without being legislature member. RP Act 1951 Section 8: Conviction + 5+ years jail = 6-year disqualification post-release (not permanent). Answer: Neither statement is correctly worded for modern practice.

Remember

Both statements are problematic. Article 164(4) technically allows a non-member to be minister for 6 months (Statement 1 true), but the RP Act 1951 disqualifies a criminal convict for 6 years post-release, not permanently (Statement 2 false).

Common mistakes

Exam tip

Minister eligibility: In parliamentary system, ministers are drawn from legislatures. Article 164(4) is rarely invoked. RP Act Section 8 disqualifications: sentence 2+ years (lifetime), 5+ years (6 years post-release), electoral offence conviction (6 years).

Sources

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