All questions of Chief Minister & Council of Ministers for BPSC (Bihar) Exam

Article 164 of the Indian Constitution deals with the appointment of ministers in the states. It outlines the following provisions:

1. Appointment of Ministers: The Chief Minister of a state shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister.

2. Council of Ministers: The Council of Ministers shall aid and advise the Governor in the exercise of his functions.

3. Term of Office: The Ministers shall hold office during the pleasure of the Governor.

4. Oath or Affirmation: Every Minister shall, before entering upon office, make and subscribe to an oath or affirmation.

5. Duties of Chief Minister: It shall be the duty of the Chief Minister to communicate to the Governor of the state all decisions of the Council of Ministers relating to the administration of the affairs of the state.

Both of the given statements come under Article 164. The first statement talks about the term of office of the Ministers, which is mentioned in point 3 of Article 164. The second statement talks about the duties of the Chief Minister, which is mentioned in point 5 of Article 164. Therefore, the correct answer is option A, i.e. both statements are correct.

Under the Indian Constitution, the distribution of powers and functions between the Union and the States is clearly defined. The conduct of business of the Government of a State, the Council of Ministers to aid and advise the Governor, and the duties of the Chief Minister are all important aspects of the functioning of the State Government. Let's examine each of these provisions in detail to understand why option 'C' is the correct answer.

1. Conduct of business of the Government of a State - Article 166:
Article 166 of the Indian Constitution deals with the conduct of business of the Government of a State. It states that the Governor of a State shall conduct the business of the State Government in accordance with the rules of procedure made by the Governor himself. The Governor is required to act with the aid and advice of the Council of Ministers headed by the Chief Minister in the exercise of his functions, except in cases where he is required to act in his discretion. This article ensures the smooth functioning of the State Government.

2. Council of Ministers to aid and advise Governor - Article 164:
Article 164 of the Indian Constitution provides for the Council of Ministers to aid and advise the Governor. It states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in cases where he is required to act in his discretion. The Council of Ministers is collectively responsible to the State Legislature and its advice is binding on the Governor. This article establishes the democratic principle of collective responsibility and ensures that the Governor does not exercise arbitrary power.

3. Duties of Chief Minister - Article 167:
Article 167 of the Indian Constitution deals with the duties of the Chief Minister of a State. It states that it shall be the duty of the Chief Minister to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. The Chief Minister also provides information to the Governor regarding the decisions of the Council of Ministers. This article establishes the role and responsibilities of the Chief Minister in the State Government.

In conclusion, all three provisions mentioned in the options are correctly matched. Article 166 deals with the conduct of business of the Government of a State, Article 164 establishes the Council of Ministers to aid and advise the Governor, and Article 167 outlines the duties of the Chief Minister. Therefore, option 'C' - 1 and 3 Only, is the correct answer.

To preserve, protect and Defend the constitution and the law - is considered Under The Oath of Governor.

Explanation:

When a no-confidence motion is passed against the council of ministers, the following things happen:

1. Resignation of Ministers: All the ministers have to resign except those ministers who are from the legislative council.

2. Collective Responsibility: The resignation of the council of ministers is considered as a collective resignation. Therefore, there is no need for each minister to resign separately.

3. Caretaker Government: After the resignation of the council of ministers, a caretaker government is formed to carry out the day-to-day administration of the state.

4. Dissolution of Assembly: If the council of ministers is unable to prove its majority in the assembly within a specified time, the Governor may dissolve the assembly and call for fresh elections.

Hence, both statements 1 and 2 are not correct. The correct statement is that when a no-confidence motion is passed against the council of ministers, all the ministers have to resign collectively, and a caretaker government is formed to carry out the day-to-day administration of the state.

The resignation or death of any other minister merely creates a vacancy which the Chief Minister may or may not like to fill.

The principle of collective responsibility also means that the cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the cabinet meeting. It is the duty of every minister to stand by the cabinet decisions and support them both within and outside the state legislature. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet.

The salary and allowances of the chief minister are determined by the state legislature