Q19. Consider the following statements:
- 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.
- According to the Representation of People Act, of 1951, a person convicted of a criminal offense 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: A
- Statement 1 is correct: According to Article 164 of the Constitution, a minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister. The provision allows a nonlegislator to occupy a post in the Council of ministers, including the office of the chief Minister for six months. Within six months, he must become a member (either by election or by nomination) of either House of the state legislature, otherwise, he ceases to be a minister.
- Statement 2 is not correct: Section 8 of RPA, 1951 states the grounds for disqualification on conviction of certain offences pursuant to Section 8 of RPA, 1951, in case the candidate is convicted of certain offenses specified and sentenced for imprisonment for not less then two years then the person will be disqualified to contest the election from the date of the conviction and will continue to be disqualified for further six years even after the release
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