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Indian PolityMedium

Which Constitutional Amendment fixed the size of a State Council of Ministers at not more than 15 per cent of the strength of the Legislative Assembly?

  1. A.The 42nd Amendment, 1976
  2. B.The 73rd Amendment, 1992
  3. C.The 91st Amendment, 2003
  4. D.The 97th Amendment, 2011

Correct answer

C. The 91st Amendment, 2003

Explanation

The correct answer is C, the 91st Amendment, 2003. It inserted Article 164(1A), under which the total number of Ministers in a State, including the Chief Minister, shall not exceed fifteen per cent of the total number of members of the Legislative Assembly, subject to a floor of twelve Ministers. The same amendment placed a similar cap on the Union Council of Ministers through Article 75(1A) and tightened the anti-defection law. Option A, the 42nd Amendment of 1976, made the ministerial advice binding on the President and added words to the Preamble, but set no such ceiling. Option B, the 73rd Amendment of 1992, gave constitutional status to Panchayati Raj institutions. Option D, the 97th Amendment of 2011, dealt with cooperative societies. The purpose of the fifteen per cent rule was to stop oversized ministries built to keep legislators loyal.

Read the full article: Governor and the State Executive: Articles and Powers

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Q1.Indian PolityAsked in: Uttar Pradesh · 16 October 2022, Shift 1Easy

Which of the following states has the Legislative Council?

  1. A.Jharkhand
  2. B.Karnataka
  3. C.Odisha
  4. D.Gujarat
Show answer

Correct answer: B. Karnataka

Explanation

The correct answer is B, Karnataka. Article 168 says a State legislature consists of the Governor and either one House or two Houses. Where there are two, the upper House is the Legislative Council or Vidhan Parishad, and Karnataka is one of the few States that has kept it. Article 169 allows Parliament to create or abolish a Council if the Legislative Assembly of that State passes a resolution by a special majority, which is why the list of such States is short and changes only by law. Option A, Jharkhand, has only a Legislative Assembly; so does option C, Odisha, although proposals for a Council have been discussed there; and option D, Gujarat, also has a single House. Under Article 171 one-sixth of a Council is nominated by the Governor from persons distinguished in literature, science, art, the cooperative movement and social service, which is the link between this chapter and the State Executive.

Q2.Indian PolityAsked in: CDS · 04 Sep 2022Medium

Which of the following States have a bicameral legislature? 1. Andhra Pradesh 2. Telangana 3. Bihar 4. Uttar Pradesh. Select the correct answer using the code given below:

  1. A.1 only
  2. B.1, 2 and 3 only
  3. C.3 and 4 only
  4. D.1, 2, 3 and 4
Show answer

Correct answer: D. 1, 2, 3 and 4

Explanation

The correct answer is D, all four. A bicameral State legislature has a Legislative Assembly and a Legislative Council, and Andhra Pradesh, Telangana, Bihar and Uttar Pradesh each have both Houses. Options A, B and C are wrong because each of them leaves out a State that does have a Council. Bihar has had a Council since before independence and Uttar Pradesh is the largest of the bicameral States; Andhra Pradesh revived its Council by an Act of Parliament, and Telangana received one when it was carved out of Andhra Pradesh in 2014. The Governor is central to this arrangement: under Article 168 he is part of the legislature, under Article 171 he nominates one-sixth of the Council, and under Article 169 no Council can be created or abolished unless the Assembly passes a special-majority resolution and Parliament then makes a law.

Q3.Indian PolityEasy

Under which Article of the Constitution is the Governor of a State appointed by the President?

  1. A.Article 153
  2. B.Article 154
  3. C.Article 155
  4. D.Article 156
Show answer

Correct answer: C. Article 155

Explanation

The correct answer is C, Article 155. It provides that the Governor of a State shall be appointed by the President by warrant under his hand and seal. This single line settles two facts examiners like: the office is filled by appointment and not by any kind of election, and the appointing authority is the President, acting on the advice of the Union Council of Ministers. Option A, Article 153, only says that there shall be a Governor for each State, with a proviso added by the Seventh Amendment of 1956 allowing one person to be Governor of two or more States. Option B, Article 154, vests the executive power of the State in the Governor, to be exercised by him directly or through subordinate officers. Option D, Article 156, deals with the term: five years, but held during the pleasure of the President, with the resignation addressed to the President.

Q4.Indian PolityEasy

What is the minimum age prescribed by Article 157 for appointment as the Governor of a State?

  1. A.25 years
  2. B.30 years
  3. C.35 years
  4. D.40 years
Show answer

Correct answer: C. 35 years

Explanation

The correct answer is C, 35 years. Article 157 lays down only two qualifications for the office: the person must be a citizen of India and must have completed thirty-five years of age. The same age is prescribed for the President under Article 58, which is why the two are easy to remember together. Option A, 25 years, is the minimum age for membership of a State Legislative Assembly and of the Lok Sabha. Option B, 30 years, is the minimum age for membership of the Rajya Sabha and of a State Legislative Council. Option D, 40 years, is not an age qualification anywhere in the Constitution for these offices. Article 158 adds the conditions of office: the Governor cannot be a member of Parliament or of a State legislature, cannot hold any other office of profit, and his emoluments are charged on the Consolidated Fund of the State.

Q5.Indian PolityMedium

Who administers the oath of office to the Governor of a State?

  1. A.The President of India
  2. B.The Chief Justice of India
  3. C.The Chief Justice of the High Court of that State
  4. D.The Chief Minister of that State
Show answer

Correct answer: C. The Chief Justice of the High Court of that State

Explanation

The correct answer is C, the Chief Justice of the High Court of that State. Article 159 says the oath of office is administered by the Chief Justice of the High Court exercising jurisdiction in relation to the State, and in his absence by the senior-most judge of that Court available. Option A is wrong because the President appoints the Governor under Article 155 but does not administer the oath. Option B is a common trap: the Chief Justice of India administers the oath to the President under Article 60, not to a Governor. Option D is wrong because the Chief Minister himself takes the oath from the Governor under Article 164, so the sequence runs the other way. Remember the pairing: Chief Justice of India for the President, Chief Justice of the High Court for the Governor, and the Governor for the Chief Minister and other Ministers.