Static Quiz 21 April 2022 (Polity)

Ans;- d) None of the above

Explanation;-

• As question asked to choose incorrect statement about powers and functions of PM, but all the statements are correct about PM.

About Power and Functions of PM

• Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as:
a. The leader of Country: The Prime Minister of India is the Head of the Government of India.
b. Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
c. Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.
d. Official Representative of the country: Prime minister represents the country for high-level international meetings
e. The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.
f. Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
g. Chief Advisor: He acts as the chief advisor to the President

Ans;- c) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the” Houses within six months

Explanation;-

In 1977, SC held that a person who is not a member of either house of parliament can be appointed as PM for 6 months, within which, he should become a member of either house of parliament, otherwise he cases to be a PM.
• To become an Indian prime minister one has to be
a. A citizen of India.
b. A member of either Rajya Sabha or Lok Sabha
c. He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha

Ans;- d) 1 only

Explanation;-
statement 2: it is binding on president
statement 3: it is by 91st amendment not 92nd.

About Council of Ministers

• The PM and Council of ministers are the real executives of the union.
• They aid and advice the president in the exercise of his functions but such advice is binding on the president.
• No court shall inquire into the advice given by the Council of ministers to the President which means they are liable for official acts of the president done on their advice.

• Constitution however doesn’t grant any immunity either for personal or official acts hence ministers can be treated like ordinary citizens.
• The total strength of the PM and Council of ministers shall not exceed 15% of the strength of the Lok Sabha [91st amendment 2003].
• The person who has been disqualified on grounds of defection shall also be disqualified to be appointed as the PM [91st amendment].

Ans;- d) the Prime Minister submits the resignation of Council of Ministers

Explanation;-

• When the annual Union Budget is not passed by the Lok Sabha, the Prime Minister submits the resignation of Council of Ministers.
• If the budget is not passed under any condition in parliament then it can be understood that the ruling party is in minority.
• Technically it means the government has lost the confidence vote in the Lok Sabha and it has to resign.
In Indian history, this has not happened so far.

Ans;- c) Both 1 and 2

Explanation;-

• Both the statements are correct.
• Article 75 mentions about collective responsibility and Individual Responsibility of the Ministers. Individual ministerial responsibility refers to the convention that a minister is responsible to Parliament for the actions of their department. Collective responsibility requires each minister to support each Government decision.