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Which of the following statements is/are correct ? 1. A registered voter in India can contest an election to Lok Sabha from any constituency in India. 2. As per the Representation of the People Act 1951, if a person is convicted of any offence and sentenced to an imprisonment of 2 years or more, this will be disqualification to contest election. Select the correct answer using the code given below : .
Explanation
Statement 1 is correct as Section 4 of the Representation of the People Act (RPA), 1951, allows a registered elector to contest Lok Sabha elections from any constituency in India, except for specific restricted areas like autonomous districts of Assam, Lakshadweep, and Sikkim [t2][t5]. Statement 2 is also correct; under Section 8(3) of the RPA 1951, a person convicted of any offence and sentenced to imprisonment for two years or more is disqualified from contesting elections from the date of such conviction and for a further period of six years after release [c1][t2][t7]. While the Supreme Court in 2013 struck down Section 8(4) which previously allowed a three-month grace period for sitting members to appeal, the basic disqualification for a two-year sentence remains a statutory bar for all candidates [c3][t7]. Thus, both statements accurately reflect the legal framework for election eligibility in India.
Sources
- [1] https://www.mea.gov.in/Uploads/PublicationDocs/19169_Frequently_Asked_Questions_16-03-2009.pdf
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 227
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 82: Electoral Reforms > 22Ibid. > p. 588