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 the 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?
Explanation
Statement 1 is incorrect: While Article 164(4) permits an individual who is not a member of the state legislature to be appointed as a minister for up to six months, the Supreme Court (*B.R. Kapoor vs. State of Tamil Nadu, 2001*) held that the person must fulfill the basic constitutional qualifications to become a legislator. Voting eligibility begins at 18 years, whereas the minimum age to be elected to a State Legislative Assembly is 25 years (and 30 years for a Legislative Council). A person merely eligible to vote (e.g., aged 20) cannot be made a minister.
Statement 2 is incorrect: Under Section 8(3) of the Representation of the People Act, 1951, a person convicted of an offence and sentenced to imprisonment for not less than two years is disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his release, not permanently.
Therefore, neither statement is correct — Option D.