Q. Consider the following statements regarding the Council of Ministers in states:
1. The Constitution itself prescribes the maximum and minimum strength of the Council of Ministers in states.
2. The advice given by the Council of Ministers to the Governor cannot be questioned in any court.
3. In the Order of Precedence, Cabinet Ministers in a state rank lower than the Attorney General of India.
How many of the above given statements is/ are correct?
Exp) Option c is the correct answer.
Article 163 provides for the Council of Ministers headed by the Chief Minister to aid and advise the Governor in the exercise of his functions.
Statement 1 is correct: The 91st Constitutional Amendment Act of 2003 added provisions to Article 164 regarding maximum and minimum strength of the Council of Ministers. It states that the total number of Ministers (including the Chief Minister) shall not exceed 15 percent of the total strength of the Assembly. It also states that the total number of Ministers (including the Chief Minister) should not be less than 12
Statement 2 is correct: Article 163 expressly provides that the advice tendered by the Ministers to the Governor shall not be questioned in any court. Hence, the given statement is correct.
Statement 3 is correct: The Attorney General of India ranks higher than the State Cabinet Ministers in the order of precedence. The Attorney General is ranked 11th position along with the Cabinet Secretary. On the other hand, Cabinet Ministers of State within their respective states are ranked at 15th position, while Cabinet Ministers of State outside their respective state are ranked at the 18th position.
| Important Tips Other than the Attorney General, all the Judges of Supreme Court, Chairperson of Union Public Service Commission, Chief Election Commissioner, Comptroller and Auditor of India, Chief of Staff holding the rank of full General, or equivalent are ranked above the State Cabinet Ministers in the Order of Precedence |
