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Question

The Council of Ministers shall not exceed ______% of the total number of members of the Assembly of States.

This question was previously asked in
SSC CGL 2022 Tier-II (Paper 2 JSO) Previous Year Paper (04-Mar-2023)
The correct answer is

15

Understanding the Size Limit of the Council of Ministers in India

The question asks about the maximum percentage of the total number of members of the "Assembly of States" that the Council of Ministers shall not exceed. In the context of India's Parliament, the "Assembly of States" typically refers to the Rajya Sabha. However, the constitutional limit on the size of the Council of Ministers is actually linked to the strength of the Lok Sabha (House of the People) at the Union level.

Constitutional Provision on Council of Ministers Size

The size of the Council of Ministers in India is governed by a specific constitutional amendment. Prior to this amendment, there was no upper limit on the number of ministers, which sometimes led to very large councils.

  • The 91st Amendment Act, 2003, added Article 75(1A) to the Constitution of India.
  • This article specifically limits the size of the Union Council of Ministers.
  • Article 75(1A) states that the total number of ministers, including the Prime Minister, in the Union Council of Ministers shall not exceed 15 percent of the total number of members of the House of the People (Lok Sabha).
  • A similar provision (Article 164(1A)) was also added for the State Council of Ministers, limiting their size to 15 percent of the total number of members of the Legislative Assembly of that state, with a minimum of twelve ministers.

Therefore, the constitutional limit for the Union Council of Ministers is 15% of the Lok Sabha's strength, not the Rajya Sabha (Assembly of States).

Addressing the Question's Phrasing

While the question mentions the "Assembly of States" (Rajya Sabha), the percentage limit provided in the options, specifically 15%, directly corresponds to the well-established constitutional limit for the Council of Ministers' size, although this limit is calculated based on the strength of the Lok Sabha. Given the options and the common knowledge of this constitutional provision, the intended answer likely pertains to the 15% limit established by the 91st Amendment, despite the reference to the Rajya Sabha.

Conclusion

Based on the options and the significant constitutional amendment regarding the size of the Council of Ministers, the relevant percentage limit is fifteen percent, which applies to the Lok Sabha's strength for the Union Council of Ministers.

Constitutional Amendment Limit Percentage Reference House (Union)
91st Amendment Act, 2003 15% Lok Sabha (House of the People)

Revision Table: Key Facts on Council of Ministers Size

Aspect Details
Limit Introduced By 91st Amendment Act, 2003
Article Added (Union) Article 75(1A)
Maximum Size (Union) 15% of total members of Lok Sabha
Article Added (States) Article 164(1A)
Maximum Size (States) 15% of total members of Legislative Assembly
Minimum Size (States) 12 ministers

Additional Information on Council of Ministers and Parliament

  • The Council of Ministers is the executive body headed by the Prime Minister that aids and advises the President.
  • Ministers are collectively responsible to the House of the People (Lok Sabha). This means the entire Council of Ministers falls if a vote of no confidence is passed against any minister or the council as a whole in the Lok Sabha.
  • Parliament of India consists of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).
  • The Rajya Sabha is the upper house and represents the states. Its maximum strength is 250 members.
  • The Lok Sabha is the lower house and represents the people directly. Its maximum strength is 550 members (currently 543 elected). The 15% limit for the Union Council of Ministers is based on the Lok Sabha's strength.
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