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UPSC Prelims 2020 Paper-1 📅 04 Oct, 2020

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
Result Summary
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UPSC Prelims
2020 • 04 Oct, 2020 • Paper-1
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?
Correct Answer
Neither 1 nor 2
Age Discrepancy (Statement 1): To be a minister, a person must be eligible to become a member of the legislature (MLA/MLC). The minimum age for an MLA is 25 yea......
Ref/Book : UPSC Prelims 2020
Ref. Subject Polity
Chapter -
Ref. Topic Elections
Pg. No -
💡 Analysis & Explanation
Age Discrepancy (Statement 1) ▼
To be a minister, a person must be eligible to become a member of the legislature (MLA/MLC). The minimum age for an MLA is 25 years. However, the voting age in India is 18 years. Therefore, an 18-year-old is eligible to vote but cannot be made a minister. Statement 1 is factually flawed.
Disqualification Period (Statement 2) ▼
Under Section 8(3) of the Representation of the People Act, 1951, a person convicted of an offense and sentenced to imprisonment for not less than two years is disqualified from the date of conviction and continues to be disqualified for a further period of six years after their release. The disqualification is not 'permanent'. Thus, statement 2 is incorrect.
Conclusion ▼
Both statements contain fundamental legal inaccuracies.
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