Consider the following statements regarding the ‘Council of Ministers...
o In India, there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister. Moreover, the courts are barred from inquiring into the nature of advice rendered by the ministers to the president. Hence statement 1 is correct, o Ministers hold office during the pleasure of the President, which means that the President can remove a minister even at a time when the council of ministers enjoys the confidence of the Lok Sabha. However, the President removes a minister only on the advice of the Prime Minister. In case of a difference of opinion or dissatisfaction with the performance of a minister, the Prime Minister can ask him to resign or advice the President to dismiss him. Hence statement 2 is correct.
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Consider the following statements regarding the ‘Council of Ministers...
Council of Ministers in India
The Council of Ministers in India is the collective body that aids and advises the President of India in the exercise of his powers and functions. It is responsible for the governance of the country and the implementation of policies and decisions.
Statement 1: Ministers are not legally responsible for any act passed by the Parliament.
This statement is incorrect. In India, the Ministers are collectively responsible to the Parliament for their acts and decisions. This principle is enshrined in Article 75(3) of the Constitution of India, which states that the Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha). This means that if any act or decision of the government is found to be improper or unconstitutional, the responsibility lies with the Council of Ministers as a whole and not just individual ministers.
The concept of collective responsibility ensures that the government remains accountable to the Parliament and the people. It helps in maintaining the integrity and coherence of the government's policies and actions. Therefore, the first statement is incorrect.
Statement 2: President can remove a minister only on the advice of the Prime Minister.
This statement is correct. The President of India is the appointing authority for the Council of Ministers. However, the President can remove a minister from office only on the advice of the Prime Minister. This is stated in Article 75(2) of the Constitution of India.
The Prime Minister is the head of the Council of Ministers and exercises significant influence over the appointment and removal of ministers. The Prime Minister is responsible for recommending the names of ministers to the President and can also advise the President to remove a minister if deemed necessary. This ensures that the Prime Minister has control over the composition of the Council of Ministers and can maintain the cohesion of the government.
Conclusion
In conclusion, the correct statements regarding the Council of Ministers are:
1. Ministers are legally responsible for any act passed by the Parliament.
2. The President can remove a minister only on the advice of the Prime Minister.
Therefore, option C is the correct answer as it includes both correct statements.
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