Consider the following statements: 1. The advice tendered by the Council of Ministers to the President can be inquired into in a supreme court of India. 2. The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 20% of the total strength of the Lok Sabha. 3. A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. Which of the statements given above is/are NOT correct?

1 and 2 only
2 only
1 and 3 only
3 only

LohaHridoy

4 views

2025-01-04 04:42

1 Answers

AhmedNazir

Option 1 : 1 and 2 only

The correct answer is 1 and 2 only.

Article 74—Council of Ministers to aid and advise President
- There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
- However, the President may require the Council of Ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.
- The advice tendered by Ministers to the President shall not be inquired into in any court. Hence, statement 1 is NOT correct.
Article 75–Other Provisions as to Ministers
- The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
- The total number of ministers, including the Prime Minister, in the Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003. Hence, statement 2 is NOT correct.
- A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003. Hence, statement 3 is correct.
- The ministers shall hold office during the pleasure of the President.
- The council of ministers shall be collectively responsible to the Lok Sabha.
- The President shall administer the oaths of office and secrecy to a minister.
- A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister.

4 views Answered 2022-09-04 04:29

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