The State Legislature (Part-II)

Total Questions: 32

11. According to which Article of Constitution of India, the Chief Minister is appointed by the Governor of a State? [Uttarakhand P.C.S. (Pre) 2016]

(a) Article 163
(b) Article 164
(c) Article 165
(d) Article 166

Correct Answer: (b) Article 164

Solution:According to Article 164(1), the Chief minister shall be appointed by the Governor.

12. Which one of the following statements about the Chief Minister of a State is not correct? [U.P. U.D.A./L.D.A. (Spl) (Pre) 2010]

(a) The Chief Minister is appointed by the Governor.
(b) The Chief Minister generally presides over the Cabinet Meetings.
(c) The Governor has to exercise all his functions on the advice of the Chief Minister.
(d) Ministers are appointed by the Governor on the advice of the Chief Minister.

Correct Answer: (c) The Governor has to exercise all his functions on the advice of the Chief Minister.

Solution:According to Article 163(i) the Constitution of India, there shall be a Council of Ministers with the Chief Minister at its head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. om

13. What can be the minimum strength of Council of Ministers including Chief Minister in the States? [U.P. P.C.S. (Pre) 2020]

(a) 10
(b) 12
(c) 13
(d) 14

Correct Answer: (b) 12

Solution:Article 164(1) (A) of the Constitution of India provides for the number of ministers in the States. According to this Article, the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State. This article also stated that the number of ministers, including the Chief Minister in a State should not be less than twelve.

14. Which one of the following statements about the Chief Minister is not correct? [U.P. U.D.A./L.D.A. (Mains) 2010]

(a) He is normally selected by the Governor.
(b) He is formally appointed by the Governor.
(c) He is chosen by the members of the majority party in the Legislative Assembly.
(d) His continuance in office depends upon many factors.

Correct Answer: (a) He is normally selected by the Governor.

Solution:According to Article 164(1), the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office at the pleasure of the Governor. The Chief Minister and other Ministers are not selected by the Governor. Thus option (a) is incorrect.

15. How long can a Minister continue without being elected to the State Assembly? [Chhattisgarh P.C.S. (Pre) 2003, M.P.P.C.S. (Pre) 2003]

(a) One Year
(b) Six Months
(c) Three Years
(d) Three Months

Correct Answer: (b) Six Months

Solution:According to Article 164(4), a Minister can continue for six consecutive months without being elected to Legislature of the State and shall, at the expiration of that period cease to be a Minister.

16. Consider the following statements : [I.A.S. (Pre) 2020]

1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.

2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.

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

Correct Answer: (d) Neither 1 nor 2

Solution:Provision for qualification for membership of the State Legislature comes under Article 173 of the Indian Constitution. According to this Article, a person shall not be qualified to be chosen in the legislature of a state unless he -

(a). is a citizen of India.

(b). is in the case of the Legislative Assembly, not less than twenty-five year of age and in the case of Legislative Council not less than thirty years of age, and

(c). possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Hence, statement 1 is wrong. According to the Representation of People Act 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further six years from his release. So this is not permanent. Hence statement 2 is also wrong. So the correct answer is an option (d).

17. Pay and allowances of the Ministers of a State Government are determined by the - [U.P.P.C.S. (Spl) (Mains) 2008]

(a) Chief minister
(b) Governor
(c) Chief Secretary
(d) State Legislative Assembly

Correct Answer: (d) State Legislative Assembly

Solution:According to Article 164(5), the salaries and allowances of the Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.i

18. Select the Constitutional Duties of the Chief Minister from the following by using the code given below: [R.A.S./R.T.S. (Pre) 2013]

1. The Chief Minister communicates to the Governor all decisions of the Council of Ministers related to the administration of the affairs of the state.

2. The Chief Minister communicates to the Governor the proposals for legislation.

3. The Chief Minister participates in the meetings of National Development Council.

4. The Chief Minister submits for the consideration of the Council of Ministers any matter on which decision has been taken by a Minister but which has not been considered by the council if the Governor requires.

(a) (1) and (2)
(b) (1) and (4)
(c) (1), (2) and (3)
(d) (1), (2) and (4)

Correct Answer: (d) (1), (2) and (4)

Solution:According to Article 167, the duties of the Chief Minister of each State is to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and if the Governor so requires, to submit for the consideration of the Council of Ministers. The Participation of the Chief Minister in NDC's meetings is his administrative duty, not a Constitutional duty.

19. Which Article of the Constitution defines the duties of the Chief Minister? [U.P. Lower Sub. (Mains) 2013]

(a) Article 162
(b) Article 164
(c) Article 165
(d) Article 167

Correct Answer: (d) Article 167

20. In the following questions, there are two statements. One is labelled as Assertion (A) and other is labelled as Reason (R) : [Chhattisgarh P.C.S. (Pre) 2021]

Assertion (A): The courts are barred from enquiring into the advice rendered by the ministers to the Governor.

Reason (R) : There is no provision in the Indian Constitution for the system of legal responsibility of the ministers in the States.

In the context of the above two statements which of the following is correct?

(a) Both Assertion (A) and Reason (R) are true and Reason (R) is correct explanation of Assertion (A).
(b) Both Assertion (A) and Reason (R) are true but Reason (R) is not correct explanation of Assertion (A).
(c) Assertion (A) is true but Reason (R) is false.
(d) Assertion (A) is false but Reason (R) is true.

Correct Answer: (b) Both Assertion (A) and Reason (R) are true but Reason (R) is not correct explanation of Assertion (A).

Solution:The courts are barred from enquiring into the advice rendered by the ministers to the Governor. Article 163(3) defines of whethor any, and if so what, advice was tendered by ministers to the governor shall not be inquired into court. As per Article 164(2), of Indian Constitution, the council of ministers shall be collectively responsible to the Legislative Assembly of the State.

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