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Council of Ministers

📆 November 16, 2024

Total Questions: 31

1. Which of the given Articles of the Constitution of India mentions the following? "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. [S.S.C. Online CHSL (T-I) 04.08.2021 (Shift-II)]

Correct Answer: (a) Article 74(1)
Solution:

Article 74 in Constitution of India

74. Council of Ministers to aid and advise 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 whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution.

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. The 42nd Amendment 1997 made it explicit that the President shall, "act in accordance with such advice" The amendment went into effect from 3 January 1977.

2. The President can dismiss a member of the Council of Ministers- [S.S.C. Online C.G.L. (T-I) 30.08.2016 (Shift-III)]

Correct Answer: (c) on the recommendation of the Prime Minister
Solution:On the recommendation of the Prime Minister, the President can dismiss any minister from the 'Council of Ministers'. the President has no say in these matters as these constitute the prerogatives of the Prime Minister.

3. Which Article of the Constitution of India provides that there shall be a Council of Ministers with the Prime Minister as its head? [S.S.C. Online CHSL (T-I) 15.10.2020 (Shift-III)]

Correct Answer: (b) Article 74(1)
Solution:Article 74(1) of the Constitution of the Republic of India provides for a Council of Ministers which shall aid the President in the exercise of his functions.

4. Which of the following articles is related to the appointment of the Prime Minister of India? [S.S.C. Online C.P.O.S.I. (T-I) 5.07.2017 (Shift-II)]

Correct Answer: (c) Article 75
Solution:Article 75 specifically provides that the ministers shall hold office at the pleasure of the President. 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

All the ministers are appointed by the President on the advice of the Prime Minister. Each minister has an individual responsibility.

The Prime Minister may call for the resignation of any minister at any time. In case the minister refuses, the Prime Minister may advise the President to dismiss the minister.

5. Prime Minister of India is [C.P.O. S.I. 5.06.2016 (Shift-I)]

Correct Answer: (c) appointed by the President
Solution:The Consitution does not provide for any specific procedure for the appointment of Prime Minister.

Article 75(1) only provides that the Prime Minister shall be appointed by the President and other ministers shall be appointed by the President on the advice of the Prime Minister. The convention is that the Prime Minister shall be appointed from the majority party in Lok Sabha.

6. Who determines the post and membership of the Union Council of Ministers? [S.S.C. Online Stenographer 14.09.2017 (Shift-I)]

Correct Answer: (c) President of India
Solution:

The post and membership of the Union Council of Ministers in India is determined by the President of India on the advice of the Prime Minister.

Key Points:

  1. Appointment of Ministers:

    • As per Article 75(1) of the Indian Constitution, the President appoints the Prime Minister and, on the Prime Minister’s advice, appoints other ministers.

  2. Allocation of Portfolios:

    • The Prime Minister decides which minister will handle which department/portfolio.

  3. Strength of the Council:

    • The 91st Constitutional Amendment Act, 2003 limits the total number of ministers to 15% of the total strength of Lok Sabha.

  4. Types of Ministers:

    • Cabinet Ministers – Senior ministers in charge of key ministries.

    • Ministers of State (Independent Charge) – Handle ministries but are not under a Cabinet Minister.

    • Ministers of State – Assist Cabinet Ministers.

  5. Tenure and Removal:

    • Ministers hold office during the pleasure of the President (Article 75(2)), but in reality, the Prime Minister decides their tenure.

    • If the Prime Minister resigns, the entire Council of Ministers dissolves.

7. Who was the Prime Minister of India during "the Emergency" between the year 1975 to1977? [S.S.C. Online C.G.L. (T-I) 7.06.2019 (Shift-II)]

Correct Answer: (d) Indira Gandhi
Solution:During the Emergency which lasted 19 months (1975- 1977), Indira Gandhi was the prime minister of India.

List of all Presidents & Prime Ministers of India - General Awareness Study Material & Notes

8. Narendra Modi is the______ Prime Minister of India. [S.S.C. Online CHSL (T-I) 24.01.2017 (Shift-III)]

Correct Answer: (c) 14th
Solution:Narendra Damodar Das Modi (born 17 September 1950) is an Indian politician serving as the 14th and incumbent prime minister of India since 2014.

Modi was the chief minister of Gujarat from 2001 to 2014 and is the Member of Parliament from Varanasi. He is the first prime minister to have been born after India's independence in 1947 and the second prime minister not belonging to the Indian National Congress to have won two consecutive majorities in the Lok Sabha, or the lower house of India's parliament.

9. Who among the following replaced Morarji Desai as the Prime Minister of India in 1979? [S.S.C. Online CGL (T-I) 13.08.2021 (Shift-I)]

Correct Answer: (c) Charan Singh
Solution:Charan Singh replaced MorajiDesai as the Prime minister of India in 1979.
  • Charan Singh was the 7th Prime Minister of India between 1979 and 1980.
  • He was the 3rd Deputy Prime Minister of India.
  • He became the Deputy Prime Minister of India in the Morarji Desai government in 1977. Morarji Desai was the 5th Prime Minister of India. He was the 2nd Deputy Prime Minister of India.
  • Charan Singh was the first prime minister of India to head a minority government.
  • He was the shortest-serving prime minister in India. Kisanghat is the resting place of Charan Singh.

10. Who among the following was the prime minister of India in 1978? [S.S.C. Online MTS (T-I) 18.10.2021 (Shift-I)]

Correct Answer: (b) Morarji Desai
Solution:Morarji Desai was  Prime minister of India in 1978.
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