In appointing Ministers, which of the following arc followed by the P...
- Constitution of India prescribes that Minister will be appointed on the advice of Prime Minister and CM, respectively, in Centre and States.
- The 91st amendment restricts the Council of Ministers to 15 per cent of Lok Sabha's total strength. Other conventions like Majority party leader, coalition leader, etc., are also followed when appointing Ministers.
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In appointing Ministers, which of the following arc followed by the P...
How would 2. Affect the president’s and governors election by 91st amendment
In appointing Ministers, which of the following arc followed by the P...
In appointing Ministers, both the President and the Governor follow the provisions mentioned in the Constitution of India, the laws made by Parliament, and certain conventions. Let's understand each of these factors in detail:
1. Constitution of India:
The Constitution of India is the supreme law of the land and provides guidelines for the appointment of Ministers. The relevant provisions are mentioned in Article 75 for the President and Article 164 for the Governor.
For the President:
Article 75(1) states that the President shall appoint the Prime Minister, who in turn will recommend the names of other Ministers to be appointed by the President. The President has the power to appoint any person as a Minister, as long as they are eligible to be elected as a member of Parliament.
For the Governor:
Article 164(1) states that 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 Governor has the power to appoint any person as a Minister, as long as they are eligible to be elected as a member of the State Legislature.
2. Laws made by Parliament:
Apart from the provisions in the Constitution, the appointment of Ministers is also guided by the laws made by Parliament. These laws include the Representation of the People Act, 1951, which lays down the qualifications and disqualifications for being a member of Parliament or State Legislature. The ministers must meet these qualifications to be eligible for appointment.
3. Conventions:
In addition to constitutional provisions and laws, certain conventions also guide the appointment of Ministers. Conventions are unwritten practices that have evolved over time and are followed as a matter of tradition.
One such convention is the principle of collective responsibility. According to this convention, the Ministers collectively take responsibility for the decisions and policies of the government. They are expected to support the decisions of the government and maintain unity.
Another convention is the principle of representative government. This convention emphasizes the need for Ministers to be representative of different sections of society, regions, and communities. It ensures inclusivity and diversity in the decision-making process.
In conclusion, the President and the Governor follow the provisions of the Constitution of India, the laws made by Parliament, and certain conventions in appointing Ministers. These factors ensure that the appointment of Ministers is done in accordance with the constitutional framework and democratic principles.
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