UPSC CSE Prelims
Council of Ministers Previous Year Questions (PYQs)
Practice solved questions for Council of Ministers with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
Solved Previous Year Questions
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Consider the following statements:
- 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.
- 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?
Detailed Explanation:
Answer: Option 4 — Neither 1 nor 2
Both statements contain inaccuracies regarding constitutional and statutory provisions. Statement 1 incorrectly assumes that any person eligible to vote (18+ years) can become a minister, while the Constitution requires ministers to meet the qualifications for membership of the State Legislature (25 years for Assembly, 30 for Council). Statement 2 incorrectly describes the disqualification as permanent, whereas it is actually for six years after release from prison.
❌ Statement 1 – Incorrect: Article 164(4) allows a non-member to be a minister for six months, but Article 173 requires the person to be qualified for membership of the State Legislature (minimum age 25 for Assembly, 30 for Council), not just eligible to vote (18 years).
❌ Statement 2 – Incorrect: Section 8(3) of RPA 1951 disqualifies a person convicted and sentenced to imprisonment for not less than two years for a period of six years after release, not permanently.
📝 Short Notes: Qualifications and Disqualifications for Ministers and Legislators
| Provision | Details |
|---|---|
| Article 164(4) | A minister who is not a member of the State Legislature for six consecutive months shall cease to be a minister |
| Article 173 - Qualifications | Member of Legislative Assembly: minimum 25 years Member of Legislative Council: minimum 30 years Must be a citizen of India and registered as a voter |
| Article 326 - Right to Vote | Minimum age: 18 years (61st Amendment, 1989) |
| Section 8(3) RPA 1951 | Conviction with imprisonment ≥2 years: disqualified from date of conviction + 6 years after release |
| Section 8(1) & 8(2) RPA 1951 | Conviction for specific electoral/communal offences: disqualified from date of conviction + 6 years after release |
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