Question

Consider the following statements:

1. The council of ministers in the state shall be collectively responsible to the Governor.

2. The State Ministers shall hold the office during the pleasure of the Governor of the state.

3. The number of ministers, including the chief minister, in a state shall not be less than 12.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 only
4. 1, 2 and 3

Answer 1

Correct Answer - Option 2 : 2 and 3 only

The correct answer is 2 and 3 only.

• The fundamental principle underlying the working of parliamentary system of government is the principle of collective responsibility.
• Article 164 clearly states that the council of ministers is collectively responsible to the legislative assembly of the state. Hence, statement 1 is NOT correct.
  • This means that all the ministers own joint responsibility to the legislative assembly for all their acts of omission and commission.
  • They work as a team and swim or sink together.
  • When the legislative assembly passes a no-confidence motion against the council of ministers, all the ministers have to resign including those ministers who are from the legislative council.
  • Alternatively, the council of ministers can advice the governor to dissolve the legislative assembly on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections.
  • The governor may not oblige the council of ministers which has lost the confidence of the legislative assembly.
• The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
  • The ministers shall hold office during the pleasure of the Governor. Hence, statement 2 is correct.
• ​The total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed 15 per cent 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. Hence, statement 3 is correct.
  • This provision was added by the 91st Amendment Act of 2003.  
• A member of either House of state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
  • This provision was also added by the 91st Amendment Act of 2003.