Question

Consider the following statements with regard to the State Council of Ministers:

1. The constitution specifies the size of the state council of ministers and the ranking of ministers.


2. The advice tendered by the ministers to the Governor shall not be inquired into in any court.


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 1

Option B - 2 only

■ Explanation :-

• As per Article 163, there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.

• The advice tendered by Ministers to the Governor shall not be inquired into in any court. Hence statement 2 is correct.

• The total number of ministers, including the chief minister, in the council of ministers in a state, shall not exceed 15 percent of the total strength of the legislative assembly of that state. But, the number of ministers, including the chief minister, in a state shall not be less than 12. This provision was added by the 91st Amendment Act of 2003.

The Constitution does not specify the size of the state council of ministers or the ranking of ministers. They are determined by the chief minister according to the exigencies of the time and requirements of the situation. Hence statement 1 is not correct.

• Every Minister and the Advocate General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote Officers of the State Legislature (Article 177).

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