Union Executive Test - 1

There are five categories of the council of ministers as given below, in descending order of  rank:

• Prime Minister : Leader of the executive of the  Government of India.
• Deputy Prime Minister  (if any): presides as prime minister in his absence or as the senior-most cabinet minister.
• Cabinet Minister : A member of the cabinet; leads a ministry.
• Minister of State  (Independent charge): Junior minister not reporting to a Cabinet Minister.
• Minister of State (MoS): Deputy Minister   reporting to a Cabinet Minister, usually tasked with a specific responsibility in that ministry.

Thus, we can say that the  Union Council of Ministers consists of  Cabinet Ministers, Minister of State, and Deputy Ministers.

• The  Union Council of Ministers   is the executive authority of the Government of India.
• It includes the Prime Minister, the Cabinet Ministers, Ministers of State, and sometimes Deputy Ministers.
• The Prime Minister is the  head   of the Council of Ministers.
• There is also a smaller executive body called the Union Cabinet which plays the role of the supreme decision-making body of the Government of India.
• The Council of Ministers is appointed by the  President   on  advice   from the  Prime Minister .
• The  Prime Minister   can also advise the  President   to  remove   any of the Ministers from the council.

Thus, Under Article 75(3), the Council of Ministers is responsible collectively to the lower house of the Indian parliament, called the Lok Sabha (House of the People).

Censure Motion

• It can be moved against  a single Ministe  or  a group of ministers or the entire council of ministers . Hence option 3  is incorrect.
• For censuring the minister or council for specific policies and actions.
• The Council of Ministers need not resign  if it is passed in Lok Sabha. 

 No-Confidence Motion  

• No-Confidence Motion is a tool against the Council of Ministers  (COM) in the Lok Sabha and it  cannot be moved against the Prime Minister alone. Hence statement 2 is correct.
• If the motion is passed by the majority of the house, then the Government is deemed to have lost the majority and Ministers need to resign including Prime Minister.
• A motion of no-confidence  
• The Government has to prove its majority in the house either by bringing in a vote of confidence
• A motion of “No Confidence Motion ”against the Government can be introduced only in the Lok Sabha.

Article 75  

• President appoints PM and other ministers are appointed by the President on the advice of the PM.
• Ministers hold their office during the pleasure of the President.
• Council of Ministers is collectively responsible to the Lok Sabha.

Hence, option 2  is  correct.

The correct answer is The President .

• All Union Ministers are appointed by  the President.
• According to  article 74, the oath of secrecy   to union ministers is administered by the President of India.
• The salaries of MPs are covered in the act  THE SALARY, ALLOWANCES, AND PENSION OF MEMBERS OF PARLIAMENT ACT, 1954   and the rules that are mentioned in this act.
• They are determined collectively by the Parliament .

• The first Budget  of Independent India  was presented on November 26, 1947 , by the then  Finance Minister RK Sanmukham Chetty  under the government of India 's first Prime Minister Jawahar Lal Nehru.
• Mr. Chetty 's first words at the Budget presentation were, "I rise to present the first Budget of a free and independent India.  This occasion may well be considered a historic one and I count it a rare privilege that it has fallen to me to be the Finance Minister to present this Budget."
• The Budget statement presented by Mr. Chetty covered a period of  seven and half months from August  15, 1947, to March 31, 1948, according to the  Department of Economic Affairs website.
• The first Budget of independent India  had targeted budget revenue of ₹ 171.15 crores.

Article 74  of the  Constitution   deals with the  status   of the  council   of  ministers . 

• it states that  (1)  there shall be a  Council of Ministers  with the  Prime Minister at the head  to aid   and  advise   the  President  who  shall , in the  exercise   of his  functions , act per  such advice : Provided that the
  • President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act per the advice tendered after such reconsideration.
  • (2) The  question of whether any  and  if so what , advice   was  tendered   by  Ministers   to the  President shall not   be  inquired   into in  any court .

• The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
• Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy  according to the forms set out for the purpose in the Third Schedule.
• The Prime Minister and his Council of Ministers  take oaths of office and confidentiality before taking up their respective positions.
• The President of India administers  the oath to them. The explanation for the Prime Minister of India 's oath is not specified in the Indian constitution.
• However, after reading the wordings of the oaths of office and confidentiality, it appears that they are both legitimate and moral activities.
• An oath of office is an oath or pledge taken before taking on the responsibilities of a post, commonly in government or within a religious entity, though such oaths are also expected of officers of other organisations. 

91st Constitutional Amendment Act, 2003:

• Made the following provisions to limit the size of Council of Ministers, to debar defectors from holding public offices, and to strengthen the anti-defection law:
• The total number of ministers, including the Prime Minister, in the CentralCouncil of Ministers, shall not exceed 15% of the total strength of the LokSabha. Hence, Option 4 is correct.
• A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
• The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.
• ​Article 74 of the Constitution  deals with the status of the council of ministers  while  Article 75 deals with the  appointment, tenure, responsibility, qualification, oath, and salaries and allowances of the ministers.
• The COM consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers.  At the top of all these ministers stands the Prime Minister.

• In India, all the Union Ministers  are  appointed  by the  President .
• Article 75  of the Indian constitution states that the Prime Minister shall be appointed by the  President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.