UPSC Prelims 2020 Q19: Indian Polity – Elections
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation
Ministers' Membership in Legislature: Eligibility & Duration
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Person eligible to vote can be minister without legislature membership for 6 months | TRUE | Article 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. |
| 2 | Convict sentenced to 5+ years permanently disqualified | FALSE | Representation 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
- (a) Incorrect. Statement 2 is wrong - disqualification is for 6 years post-release, not permanent.
- (b) Incorrect. Statement 1 is correct under Article 164(4).
- (c) Incorrect. If Statement 1 is true, then both cannot be wrong.
- (d) CORRECT. Statement 2 is definitively wrong (disqualification is 6 years, not permanent). Statement 1 is technically true under Article 164(4).
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
- Confusing 6-month grace period (rarely used) with permanent eligibility. Ministers should be elected/appointed members.
- Assuming permanent disqualification. The law allows re-contest after 6 years post-release if all conditions met.
- Missing the intent: Article 164(4) was meant for emergency; now ministers are expected to be elected to legislatures.
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
- Constitution of India - Article 164(4)
- Representation of the People Act, 1951 - Section 8 (Disqualification)