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 isnot a member of that state. 2. According to the Representation of People Act,1

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Q: (IAS/2020)
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 isnot a member 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?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,83,115,74,15,30,79

keywords: 

{'imprisonment': [0, 0, 0, 1], 'constitution': [39, 3, 11, 39], 'criminal offence': [0, 0, 2, 1], 'election': [0, 1, 0, 0], 'prison': [0, 0, 1, 5], 'minister': [2, 0, 0, 0], 'representation': [5, 1, 6, 8], 'india': [8, 1, 7, 13]}

The correct answer is option 4, i.e., Neither 1 nor 2.

Here`s a detailed explanation for each option:

1. Although the Constitution of India does permit a non-member to be appointed as a Minister, it restricts the duration to six months. Within that period, the person must be elected as a member from that state to continue as a minister. So this statement is half correct and half incorrect, leading to its overall incorrectness.

2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for two or more years is disqualified from contesting an election. Yet, this disqualification is not permanent – it lasts for the length of the prison term and an additional six years following release. So, this statement is incorrect as it states a permanent disqualification.

Considering the above explanations, neither statement is entirely correct. Therefore, option 4, i.e., `neither 1 nor 2`, is the correct answer.

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