Q. With reference to Central Council of Ministers, consider the following statements:
1. The total number of ministers in the Council cannot exceed 15% of the total strength of both houses of Parliament.
2. Every minister have the right to speak and take part in the proceedings of either House of Parliament.
3. The salaries and allowances of ministers are determined by the President on the advice of the Prime Minister.
How many of the above given statements are correct?

[A] Only one

[B] Only two

[C] All three

[D] None

Answer: A
Notes:

Exp) Option a is the correct answer.

Statement 1 is incorrect: The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha (not 15% of total strength of Parliament). This provision was added by the 91st Amendment Act of 2003.

Statement 2 is correct: Every minister shall have the right to speak and take part in the proceedings of either House, any joint sitting of the Houses and any Committee of Parliament of which he may be named a member.

Statement 3 is incorrect: The salaries and allowances of ministers are determined by Parliament (not by the President) from time to time. A minister gets the salary and allowances that are payable to a member of Parliament.

Important Tips

What is the 91st Amendment Act?

• The Constitution (91st Amendment) Act, 2003 inserted clause 1A in Article 164, which says “the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State.

• It also provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve”.

• Similar amendments were also made under Article 75: The total number of ministers, including the Prime Minister, in the COM shall not exceed 15% of the total strength of the Lok Sabha.

 

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