[Solved] 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.

Q29. 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

Answer: d

Constitution does not mention eligibility as a condition to be made a minister in a State. Qualifications a person should possess to become eligible for appointment as a minister are:

o He should be a citizen of India.

o He should be above 25 years of age.

o He should not hold any office of profit under the government of India.

o If he is not a member of Parliament, then he should be elected to the Lok Sabha or the Rajya Sabha within six months after his appointment as a minister. Section 8 in The Representation of the People Act, 1951: 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.

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Explanation Here