Q- With reference to the State Council of Ministers- consider the following statements-1- The advice given by the council to the Governor in the matters of governance will be subjected to Judicial Review-2- The Governor can vary the size of the council according to the needs of the administration-Which of the above statements is-are correct-

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The Prime Minister and Council

Q. With refer...

Question

Q. With reference to the State Council of Ministers, consider the following statements.

Which of the above statements is/are correct?

1 only

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2 only

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Both 1 and 2

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Neither 1 nor 2

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Solution

The correct option is D
Neither 1 nor 2
Explanation:

Statement 1 is incorrect.

Article 163 of the Indian Constitution provides for that advice tendered by the Council of Ministers headed by the Chief Minister to the Governor shall not be inquired into in any court. This emphasises the intimate and the confidential relationship between the governor and the ministers.

Statement 2 is incorrect.

Article 164 of the constitution says that the total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed 15 percent of the total strength of the legislative assembly of that state. Further, the 91st Amendment Act of 2003 provides for the minimum number of the Council to have 12.

Thus, the Constitution does not specify the actual size of the state council of ministers or the ranking of ministers. And they are determined by the chief minister according to the exigencies of the time and requirements of the situation.

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Q. With reference to the State Council of Ministers, consider the following statements. Which of the above statements is/are correct?

Q. With reference to the State Council of Ministers, consider the following statements.

Which of the above statements is/are correct?