2020 · Polity & GovernancePrevious Year Question
Q29.
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

Constitution does not mention eligibility as a condition to be made a minister in a State. Qualifications a person should possess to become eligible for appointment as a minister are: • He should be a citizen of India. • He should be above 25 years of age • He should not hold any office of profit under the government of India • If he is not a member of Parliament, then he should be elected to the Lok Sabha or the Rajya Sabha within six months after his appointment as a minister. Section 8 in The Representation of the People Act, 1951: A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.