Q1. Which of the following article deals with the Oath & salaries of Council of ministers?
- Article 74
- Article 75
- Article 76
- Article 77
Correct Option: 2. Article 75.
Explanation : Article 75 deals with the appointment, tenure, responsibility, qualification, oath, salaries and allowances of the council of ministers.
Q2. Which of the following provision is dealt by the Article 74 of the Constitution of India?
- The Prime minister shall be appointed by the President
- The council of ministers shall be collectively responsible to the Lok sabha
- The ministers shall hold office during the pleasure of the President
- The advice tendered by ministers to the President shall not be inquired into in any court
Correct Option: 4. The advice tendered by ministers to the President shall not be inquired into in any court.
Explanation : Following are the provisions of Article 74 of the Constitution:-
– There shall be a Council of minister with The Prime Minister at the head to aid and advice the President who shall, in exercise of his functions, act in accordance with such advice.
– The advice tendered by ministers to the President shall not be inquired into in any court.
Q3. Which of the following provision is not dealt by the Article 75 of the Constitution of India?
- All the executive actions of the Government to be taken in the name of the President
- The ministers shall be appointed by the President on the advice of the Prime minister
- The council of ministers shall be collectively responsible to the House of people
- A person who is not a MP can remain a minister only for six consecutive months.
Correct Option: 1. All the executive actions of the Government to be taken in the name of the President.
Explanation : Article 77 and not the Article 75 of the Constitution provides that all the executive actions of the Government to be taken in the name of the President.
Following are the provisions of Article 75 of the Constitution:-
– The Prime minister shall be appointed by the President and other ministers shall be appointed by the President on the advice of the Prime minister.
– The ministers shall hold office during the pleasure of the President.
– The council of ministers shall be collectively responsible to the (Lok Sabha) House of people.
– The president shall administer the oath of office and secrecy to a minister.
– A minister who is not a MP for any period of six consecutive months shall cease to be a minister.
– The salaries and allowances of minister shall be determined by the Parliament.
Q4. Under which Article the Prime minister has to communicate the administrative decision to the President?
- Article 75
- Article 76
- Article 77
- Article 78
Correct Option: 4. Article 78.
Explanation : As per the provisions of Article 78 of the Constitution, it is the duty of the Prime minister to communicate to the President all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for the legislation.
– To furnish such information relating to the administration of the affairs of the Union and the proposals for legislation as the President may call for.
– If the President so requires, to submit for the consideration of the Council of ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Q5. Which of the following Constitutional amendment acts made the advice of Council of ministers binding on the President?
- The 42nd and 44th Constitutional Amendment acts
- The 43rd and 44th Constitutional Amendment acts
- The 41st and 42nd Constitutional Amendment acts
- The 40th and 42nd Constitutional Amendment acts
Correct Option: 1. The 42nd and 44th Constitutional Amendment acts.
Explanation : As per Article 74, the President exercises his functions with the aid and advice of Council of Ministers with Prime minister at the head.
– This Article was amended by the 42nd Constitutional Amendment Act of 1976 and made the advice of the Council of Ministers binding on the President.
– The 44th Constitutional Amendment Act of 1978 added a provision by which the President can ask the Council of ministers to reconsider the advice but the President has to act as per the advice rendered by the council of ministers after such reconsideration.