Prelims 2020 · Q19
MediumConsider 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?
Answer & explanation
Answer: (d) Neither 1 nor 2
A non-member can be a State minister for up to six months, but only if qualified to become a member, which needs an age of at least 25 for the Assembly, not merely voting age (18). And the Representation of the People Act, 1951 bars a convict sentenced to two years or more only for the period of sentence plus six years after release, not permanently.
- ✗ 1. Article 164(4) lets a non-member serve as minister for six consecutive months, but the person must be able to win a seat within that time; Article 173 requires a minimum age of 25 for the Legislative Assembly, so a mere voter (18+) does not qualify.
- ✗ 2. Section 8(3) of the Act disqualifies a person sentenced to imprisonment for at least two years from the date of conviction until six years after release; the bar is not permanent.
Remember · Non-member minister: six-month limit (Articles 75(5), 164(4)). Conviction with 2+ years' sentence: disqualified from conviction until six years after release (RPA 1951, Section 8(3)).
Sources
- Constitution of India (as on 1 May 2024), Article 164(4) ↗ “(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. … (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age”
Question and answer: UPSC's official GS Paper I (2020, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink ·