According to the Constitution of India, a person who is eligible to vote
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, 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
Explanation
The Constitution lays down only the following four qualifications for a person to be chosen a member of the state legislature:
(i) He must be a citizen of India.
(ii) He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose. In his oath or affirmation, he swears
- To bear true faith and allegiance to the Constitution of India
- To uphold the sovereignty and integrity of India
(iii) He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
(iv) He must possess other qualifications prescribed by Parliament.
Therefore, statement 1 is not correct According to 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. Hence, statement 2 is not correct.
- Exam Year: 2020