Question 75 from UPSC CSE 2022 - Polity & Governanc e

Question

Consider the following statements:
1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State, and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.
Which of the statements given above is/are correct?

Accepted Answer

Correct Option: B. 2 only

Strategy: - Focus on the origin of ministerial ranks: Determine if the Constitution explicitly classifies these ranks, or if it's based on convention and practice.
- Recognize that the composition and hierarchy (e.g., Cabinet, Minister of State) are not distinctly laid out in constitutional articles.
- Recall the 91st Amendment Act, which sets the 15% cap on the total number of Union ministers, including the Prime Minister.
- Use factual knowledge of constitutional provisions and amendments to confirm statement 2 and reject statement 1.

Key Info: The Constitution of India establishes the Council of Ministers under Article 74, but it does not detail the specific ranks of ministers such as Cabinet Minister, Minister of State (with or without independent charge), or Deputy Minister. This hierarchical classification is a matter of governmental convention and executive practice, rooted in British parliamentary tradition, not a constitutional mandate. The terms 'Cabinet Minister,' 'Minister of State,' and so forth are used in practice to define ministerial seniority and responsibilities, but these are not mentioned in the text of the Constitution.

The 91st Constitutional Amendment Act, 2003 introduced Article 75(1A), restricting the total number of Ministers, including the Prime Minister, to not more than 15% of the total number of members in the Lok Sabha. This was done to prevent jumbo cabinets, reduce unnecessary expenditure, and encourage efficiency in government. A similar limitation was established for States under Article 164(1A).

Article 74(1) states that there is to be a Council of Ministers, headed by the Prime Minister, to aid and advise the President. The details regarding the allocation of portfolios, appointment or removal, and the actual functioning of different categories of ministers are governed by executive rules, not defined or limited by constitutional text.

Answer

Option A: 1 only

Answer

Option C: Both 1 and 2

Answer

Option D: Neither 1 nor 2