Q. Consider the following statements:
1. The Council of Ministers shall be individually responsible to the President.
2. The salaries and allowances of Ministers can only be altered by a Constitutional amendment under Article 368.
3. The phrase ‘Council of Minister’ was mentioned in the original Constitution but ‘Cabinet’ was added later on.
How many statements given above are correct?
Exp) Option b is the correct answer.
Article 75(2) specifically provides that the ministers shall hold office during the pleasure of the President.
Statement 1 is correct: Article 75 contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the President, which means that the President can remove a minister even at a time when the Council of Ministers enjoys the confidence of the Lok Sabha. However, the President removes a minister only on the advice of the Prime Minister.
Statement 2 is incorrect: Article 368 provides for amendment for certain articles. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament. Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. One such article is related to the Salaries and allowances of the members of Parliament that can be amended by Simple Majority.
Statement 3 is correct: Council of Ministers is a constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution. Its size and classification are, however, not mentioned in the Constitution. Its size is determined by the Prime Minister according to the exigencies of the time and requirements of the situation. The word ‘Cabinet’ was inserted in Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act. Thus, it did not find a place in the original text of the Constitution. Article 352 only defines the cabinet saying that it is ‘the council consisting of the Prime Minister and other ministers of cabinet rank appointed under Article 75’ and does not describe its powers and functions.

