Consider the following statements:
1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister shall not exceed 15 percent of the total number of members in the Lok Sabha.
Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Answer: b
Explanation:
According to “Rules of Procedure and Conduct of Business in Lok Sabha”, section 2:
“Minister” means a member of the Council of Ministers and includes a member of the Cabinet, a Minister of State, a Deputy Minister, or a Parliamentary Secretary.
[Explanation.:—A Parliamentary Secretary who is not a member of the House is not entitled to attend its sitting.]
The Constitution only mentions the “Council of Ministers” and not the classification.
Hence, statement 1 is incorrect.
Article 74. Council of Ministers to aid and advise the President.—(1) 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.
[Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.]
(2) The question of whether any and if so what advice was tendered by Ministers to the President shall not be inquired into in any court.
Article 75. Other provisions as to Ministers.—(1) 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.
(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the People.
This provision was introduced by the 91st Amendment Act of 2003.
Hence, statement 2 is correct.
Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2022