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Article 74 and 91st CAA , 2003--- UPSC pre 2022

 This is an easy question because directly mentioned in all sources including Laxmikanth.


Ideally, a serious aspirant should attempt it.





Consider the following statements :

1.  The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.

2.        The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

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

 

Solution  

B


Union executive

vs

State Executive

Part 5

 

Part 6

PM+P+VP+UCM+

Attorney GI

 

G+CM+SCM+

Advocate GI

 


Analysis of statement

 

1.  The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.

 

 Article 74 of the Constitution provides that

 

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.

 

44th CAA, 1978-

Empowered the president to send

back once the advice of the cabinet for

Reconsideration.

 

But, the

reconsidered advice is to be binding

on the president

 

[Suspensive Veto- If the president returns the bill for reconsideration].

 

 

Note - We can say that the Council of the minister is a constitutional body

 

However, its classification is not mentioned in the

Constitution.

 

The classification of the central council of

ministers into a

three-tier body (Cabinet Ministers,

Ministers of State, and Deputy Ministers)

is based on

British parliamentary conventions.

 

Pre Fact

Article 352 defines Cabinet--- as the Council consisting of the Prime Minister and other Ministers of Cabinet rank under Article 75.

 

Article 75

1. Council of Ministers shall be collectively responsible to the House of the People

 

2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

 

What are the objectives of the 91st Amendment Act, of 2003?

 

 

Objective

 

1. To limit the size of the Council of Ministers,

 

2. To debar defectors from holding public offices,

and

 

3. To strengthen the anti-defection law

 

1.1

The total number of ministers,

including the Prime Minister, in the

Central Council of Ministers shall not

exceed 15% of the total strength of

the Lok Sabha

 

1.2 For SCM - 15% rule + min. 12 rule

 

2.1

A member of either House of

Parliament or either House of a State

Legislature belonging to any political

party who is disqualified on the

ground of defection shall also be

disqualified to hold any remunerative

political post. [धोखेबाज को सजा मिलेगी]

 

What does a Remunerative post mean?

 

It  means

 

(i) any office under the central

government or a state government

where the salary or remuneration for

such office is paid out of the public

revenue of the concerned

government; or [कोई भी सरकारी post]

 

(ii) any office under a

body, whether incorporated or not,

which is wholly or partially owned by

the central government or a state

government and the salary or

remuneration for such office is paid

by such body, except where such

salary or remuneration paid is

compensatory in nature.

 

3.1

The provision of the Tenth Schedule

(anti-defection law) pertaining to

exemption from disqualification in

case of split by one-third members of

legislature party has been deleted. It

means that the defectors have no

more protection on grounds of splits

 

Let's revise the concept using the question….

 

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