Council of Ministers Article 74 :2(1) Constitution of India

 Council of Ministers ( Extract from Constitution of India)

Article 74: 2[(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.


Article 75: (1) 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.


[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not

exceed fifteen per cent. of the total number of members of the House of the People.

[Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2.]


(1B) A member of either House of Parliament belonging to any political party who is disqualified for

being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.]


(2) The Ministers shall hold office during the pleasure of the President.


(3) The Council of Ministers shall be collectively responsible to the House of the People.

(4) 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.

(5) 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.

(6) 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


Form of oath of office for a Minister for the Union:—

“I, A. B., do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established,  [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will


Form of oath of secrecy for a Minister for the Union:—

“I, A.B., do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties

as such Minister.”








Questions:

  1. Who appoints Prime Minister  of India ?   Ans:


  1. Who appoints Council of Ministers?  Ans :


  1. Council of Ministers of appointed by President of India on the recommendation of whom?

     Ans:


  1. Total number of ministers including Prime Minister, in the council of ministers shall be not _______  of the total number of members of the House of People.

Ans:


5)Which Constitution Amendment Act, 2003, restricted the council of ministers to 15% of Lok Sabha?

Ans:


6)Council of Ministers are __________ responsible to the House of People.

Ans:


7) In which case, a minister is  not eligible to continue as Council of Ministers?


Ans: 



8) Oath of Office should be administered as per the matter written in which schedule of constitution of India?

Ans:


9) What are functions of Union Cabinet Ministers?

Ans: 1) Executive Functions 2) Co-ordinating functions 3) Legislative functgions 4) Financial functions


10) Cabinet Ministers normally meets, once in  how many days?

Ans : A week


11) As per Article 74 of Constitution of India, Council of Ministers with PM as its head, advises whom?

Ans : President of India in the exercise of his functions


12) Council of minister is responsible only to _______ and not the council of states.

Ans : House of People


13) Rajya Sabha has no power to pass a no confidence motion against ________

Ans : Council of Ministers


14) An adverse vote in the Rajya Sabha does not affect whose future?

Ans: Council of Ministers


15) In the 16th Lok Sobha, how ministers are appointed including PM?

Ans: 44

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