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Difficulty: EasyState Executive and Legislature: Governor, CM, and State Assemblies

Regarding the Council of Ministers in an Indian State, which of the following statements are correct?

  1. The Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the advice of the Chief Minister.Answer
  2. The total number of ministers, including the Chief Minister, in a state cannot exceed 15 percent of the total strength of the Legislative Assembly of that state.Answer
  3. C
    The Council of Ministers of a state is collectively responsible to the Legislative Council of that state.
  4. A minister who is not a member of the State Legislature for six consecutive months ceases to be a minister upon the expiration of that period.Answer

Answer

The statements regarding the appointment of ministers on the advice of the Chief Minister, the 15 percent ceiling on the size of the Council of Ministers, and the six-month membership requirement for ministers are correct.
Under Article 164 of the Constitution of India, the Chief Minister is appointed by the Governor and other ministers are appointed on the Chief Minister's advice. The 91st Constitutional Amendment introduced a 15% ceiling relative to the Legislative Assembly's strength, and non-legislators may only serve as ministers for up to six consecutive months without getting elected.

Step-by-Step Solution

1
Examine the constitutional provisions for appointment and numerical limit of the State Council of Ministers.
Confirm that the Chief Minister is appointed by the Governor and other ministers are appointed on the Chief Minister's advice under Article 164(1), and that the 15 percent strength cap applies under Article 164(1A).
Articles 164(1) and 164(1A) govern the appointment mechanism and upper limit on executive cabinet size.
2
Analyze the collective responsibility provision of the State Council of Ministers.
Identify that the Council of Ministers is collectively responsible to the popular lower house (Legislative Assembly), making the reference to the Legislative Council incorrect.
Article 164(2) explicitly establishes collective accountability to the Legislative Assembly.
3
Verify the tenure conditions for non-legislator ministers.
Confirm that a non-member can hold ministerial office for a maximum of six continuous months without obtaining membership in the State Legislature.
Article 164(4) mandates election or nomination to the State Legislature within six months.

Key Concept

Constitutional provisions governing the State Council of Ministers (Article 164)
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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