A minister in Uttar Pradesh who is not a member of either House of the state legislature for six consecutive months
- A.may continue for one year with the permission of the Governor
- B.ceases to be a minister at the end of that period
- C.must be elected to the Vidhan Parishad by the Assembly
- D.may continue if the Vidhan Sabha passes a resolution
Correct answer
Explanation
The correct answer is B, he ceases to be a minister at the end of that period. Article 164(4) says a minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister. The rule allows a government to bring in a person from outside the House, but it fixes a deadline within which he must win a seat in the Vidhan Sabha or be elected to the Vidhan Parishad in a state that has one.
Option A is wrong because the Governor cannot extend a constitutional time limit. Option C is wrong in form: members of the Council are elected by the Assembly for only one of the quotas, and no seat is reserved for a minister. Option D is wrong because the House cannot by resolution keep a non-member in office. The identical rule for a Union minister is in Article 75(5).
Read the full article: UP Governor and Council of Ministers: Articles and Powers
Practice Questions
View allWho appoints the Governor of Uttar Pradesh?
- A.The Prime Minister of India
- B.The President of India
- C.The Chief Justice of the Allahabad High Court
- D.The Chief Minister of Uttar Pradesh
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Article 155 says the Governor of a state shall be appointed by the President by warrant under his hand and seal, so the office is filled by appointment and never by election.
Read the full explanation →What is the minimum age prescribed for a person to be appointed Governor of a state?
- A.25 years
- B.30 years
- C.35 years
- D.40 years
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Article 157 lays down only two qualifications for the office of Governor: the person must be a citizen of India and must have completed thirty-five years of age.
Read the full explanation →Including the Chief Minister, what is the maximum number of ministers that the Uttar Pradesh Council of Ministers can have?
- A.40
- B.50
- C.60
- D.80
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Article 164(1A), inserted by the Constitution (Ninety-first Amendment) Act of 2003, limits the total number of ministers including the Chief Minister to fifteen per cent of the total number of members of the Legislative Assembly, with a minimum of twelve.
Read the full explanation →Before whom does the Governor of Uttar Pradesh take the oath of office?
- A.The President of India
- B.The Chief Justice of India
- C.The Chief Justice of the High Court of the state
- D.The Speaker of the Vidhan Sabha
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Article 159 requires every Governor, before entering upon his office, to make and subscribe an oath in the presence of the Chief Justice of the High Court having jurisdiction in relation to that state, and in his absence before the senior-most judge of that court available.
Read the full explanation →Which of the following is outside the pardoning power of the Governor under Article 161?
- A.Remission of a sentence for an offence against a state law
- B.Suspension of a sentence of death
- C.Pardon of a sentence of death
- D.Commutation of a sentence of death
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Article 161 lets the Governor grant pardon, reprieve, respite or remission of punishment, and suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the state extends.
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