Q. 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 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:
  • Every citizen who is 18 years old on the qualifying date (January 1 of the year in case) unless disqualified, is eligible to be enrolled as a voter.
    • An individual who is not an MLA can become a minister if he gets himself elected to the State Legislature within six months from the date of his appointment.
    • However, while the voting age is 18 years, a person can be an MLA only after 25 years of age. Thus, not every person who is eligible to vote can be made a minister in a State unless he is of the age as specified.
  • Section 8 of RPA, 1951 states the grounds for disqualification on conviction of certain offenses pursuant to Section 8 of RPA, 1951.
    • As per Section 8 of the Representation of People Act 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years 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.