Q. With reference to the constitutional provisions related to the Council of Ministers and the Prime Minister, consider the following statements:
1.The President is bound to act on the advice of the Council of Ministers, even if he initially asks them to reconsider such advice.
2.A person disqualified under the Tenth Schedule for defection cannot be appointed as a minister.
3.A minister who is not a member of either House of Parliament can continue as minister for one year, provided he becomes a member within that period.
Which of the statements given above is/are correct?
Answer: A
Notes:
Explanation:
- As per Article 74, the President can ask the Council of Ministers to reconsider its advice once, but after reconsideration, the President is bound to accept the advice.
- As per Article 75 (as amended by the 91st Amendment Act, 2003), a person disqualified under the Tenth Schedule (anti-defection law) is also disqualified from being appointed as a minister.
- A person who is not a member of either House can remain a minister only for six months, not one year, as per Article 75(5). If he does not become a member of either House within six months, he ceases to be a minister.
Source: Laxmikant (Polity)
