The Jan2nd Static Quiz on Polity (PM and Council of Ministers) 2021

Ans;- d) None of the above

Explanation;-

• As question asked to choose incorrect statement about powers and functions of PM, but all the statements are correct about PM.

About Power and Functions of PM

• Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as:
a. The leader of Country: The Prime Minister of India is the Head of the Government of India.
b. Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
c. Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.
d. Official Representative of the country: Prime minister represents the country for high-level international meetings
e. The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.
f. Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
g. Chief Advisor: He acts as the chief advisor to the President

Ans;- c) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the” Houses within six months

Explanation;-

In 1977, SC held that a person who is not a member of either house of parliament can be appointed as PM for 6 months, within which, he should become a member of either house of parliament, otherwise he cases to be a PM.
• To become an Indian prime minister one has to be
a. A citizen of India.
b. A member of either Rajya Sabha or Lok Sabha
c. He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha

Ans;- d) 1 only

Explanation;-
• The 2nd and 3rd statements are incorrect beacsue 2nd staement it is binding on president and 3rd statement it is by 91st amendment not 92nd.

About Council of Ministers

• The PM and Council of ministers are the real executives of the union.
• They aid and advice the president in the exercise of his functions but such advice is binding on the president.
• No court shall inquire into the advice given by the Council of ministers to the President which means they are liable for official acts of the president done on their advice.

• Constitution however doesn’t grant any immunity either for personal or official acts hence ministers can be treated like ordinary citizens.
• The total strength of the PM and Council of ministers shall not exceed 15% of the strength of the Lok Sabha [91st amendment 2003].
• The person who has been disqualified on grounds of defection shall also be disqualified to be appointed as the PM [91st amendment].

Ans;- d) the Prime Minister submits the resignation of Council of Ministers

Explanation;-

• When the annual Union Budget is not passed by the Lok Sabha, the Prime Minister submits the resignation of Council of Ministers.
• If the budget is not passed under any condition in parliament then it can be understood that the ruling party is in minority.
• Technically it means the government has lost the confidence vote in the Lok Sabha and it has to resign.
In Indian history, this has not happened so far.

Ans;- c) Both 1 and 2

Explanation;-

• Both the statements are correct.
• Article 75 mentions about collective responsibility and Individual Responsibility of the Ministers. Individual ministerial responsibility refers to the convention that a minister is responsible to Parliament for the actions of their department. Collective responsibility requires each minister to support each Government decision.

Ans;- c) 1 and 2 only

Explanation;-

• As question asked to choose incorrect statement i.e. C, because the Council of Ministers in the Centre shall be collectively responsible to the Loksabha not Parliament.
• Article 75 clearly states that the Council of Minister is collectively responsible to the Lok Sabha.
• Article 75 also contains principle of individual responsibility.
• It states that the ministers hold office during the pleasure of the president.
• The Union Ministers shall hold the office during the pleasure of the President of India, not PM.
• It is the duty of the Prime Minister to communicate to the president all decisions of councils of Minister relating to the administration of the affairs of union and proposal for legislation

Article 75 in The Constitution Of India

• 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 Minister shall hold office during the pleasure of the President
• The Council of Ministers shall be collectively responsible to the House of the People
• Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule
• A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister
• The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule The Attorney General for India

Ans;- a) It shall not be inquired into in any court.

Explanation;-

Article 74 in The Constitution Of India 1949

• 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: 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
• The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court

Ans;- b) 42nd Amendment

Explanation;-

• Before the 42nd amendment, Article 74(1) stated that, “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions”.

• However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the Constitution of India (1976) made it explicit that the President shall, “act in accordance with such advice”. The amendment went into effect from 3 January 1977.

• The 44th Amendment (1978) however added that the President can send the advice back for reconsideration once.

• But if the Council of Ministers sends the same advice again to the President then the President must accept it. The amendment went into effect from 20 June 1979.

Ans;- b) 2 only

Explanation;-

• As question asked to choose incorrect i.e. 2nd statement, 1st statement is correct.

• a Clause 3 of Article 77 “Conduct of Business of the Government of India” of the Constitution of India lays down as follows: “The President shall make rules for the more convenient transaction of the business of the Government of India and for the allocation among Ministers of the said business. 

• The Constitution of India mentions that “All executive action of the Government of India shall be expressed to be taken in the name of the President.” therefore only option a is correct.

Article 77 in The Constitution Of India

• Conduct of business of the Government of India
• All executive action of the Government of India shall be expressed to be taken in the name of the President
• Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall nor be called in question on the ground that it is not an order or instrument made or executed by the President
• The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business

Ans;- d) 42nd and 44th Amendment Acts

Explanation;-

• Before the 42nd amendment, Article 74(1) stated that, “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions”.

• However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the Constitution of India (1976) made it explicit that the President shall, “act in accordance with such advice”. The amendment went into effect from 3 January 1977.

• The 44th Amendment (1978) however added that the President can send the advice back for reconsideration once.

• But if the Council of Ministers sends the same advice again to the President then the President must accept it. The amendment went into effect from 20 June 1979.