Consider the following statements with respect to the Union Council of Ministers

1. Every Minister is entitled to vote and speak in proceedings of either Houses of the Parliament.

2. The Ministers shall hold office during the pleasure of the President.

3. The advice tendered by Council of Ministers to the President can be inquired into by any court.

Which of the statements given above is / are correct?

Solution

● Statement 1 is incorrect: Article 88 says that 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 is a member. but he shall not be entitled to vote. ● Statement 2 is correct: Article 75(2) states that the ministers shall hold office during the pleasure of the President. All the ministers are appointed by the President on the advice of the Prime Minister. Each minister has an individual responsibility. ● Statement 3 is incorrect: The advice of the Council of Ministers is binding on the President. However, Article 74(2) barred courts from inquiring into the advice given by the Council of Ministers to the President. This provision emphasizes the intimate and confidential relationship between the president and the Council of Ministers. ● Statement 3 is incorrect: As per provision added by the 91st Amendment Act of 2003. 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