UPSC Prelims 2020 · Question 29 of 100
UPSC Prelims 2020 question on Voting Eligibility Disqualification Rules
- ExamUPSC CSE
- Year2020
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicParliament
- DifficultyMedium
- TypeStatement
Consider the following statements:
1. According to the Constitution of India a person who is eligible to vote 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. Neither 1 nor 2
Verdict
Correct statements: Neither 1 nor 2 → Option (d).
Statement by statement
Statement 1 – INCORRECT: The Constitution does not mention eligibility as a condition to be made a minister in a State in the way described. A person who is not a member of the state legislature can be appointed as a minister for 6 months, after which they must become a member. The statement as framed is not accurately matching constitutional provisions. Hence statement 1 is not correct.
Statement 2 – INCORRECT: Section 8 of the Representation of the People Act, 1951 states that 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. The disqualification is NOT permanent — it continues only for six years after release. Hence statement 2 is not correct.