1019.A member of the council of ministers can hold office without being a member of the state legislature for a maximum period of#
- AThree months
- BSix months
- COne year
- DTwo years
All 30 Executive questions the Punjab PSC asked between 2015 and 2026, each with a worked answer and the exam it came from. First 10 free to read.
6 of these 30 were set in more than one exam — the Commission reuses this topic, which is the argument for working through it rather than skimming it.
Free to read, with the worked answer and the exam each one came from. The book prints this topic in the order the Commission favours, so these are the ones to know first.
Which of the above statements are correct ?
Which of the following statements are true?
Article 164(4) says a minister must be a member of the state legislature. If he is not one for six consecutive months, he stops being a minister at the end of that period. The same six-month rule applies to Union ministers under Article 75(5).
Under Article 67(b), the Rajya Sabha can remove the Vice-President. The resolution needs a majority of all its members. The Lok Sabha must then agree to it. The resolution can be moved only in the Rajya Sabha, after 14 days' notice. The reason is that the Vice-President is the ex-officio Chairman of the Rajya Sabha.
Article 53(2) vests the supreme command of the Union's Defence Forces in the President. The President exercises it as provided by law. In practice the Cabinet takes the decisions, through the Prime Minister and the Defence Minister. The President also appoints the Chiefs of the Army, Navy and Air Force. War or peace is declared in the President's name.
Under Article 60 the oath of office is administered to the President by the Chief Justice of India, or in his absence by the senior-most judge of the Supreme Court available. The Vice-President's oath, by contrast, is administered by the President (Article 69).
The Attorney General of India has the right to speak and take part in proceedings of either House and their joint sittings, though he cannot vote (Article 88). The Vice-President chairs the Rajya Sabha, and the CAG and Solicitor General have no such right.
The Vice-President is not appointed but elected under Article 66 by an electoral college of members of both Houses of Parliament, voting by proportional representation with a single transferable vote. Governors (Article 155), the Chief Justice and judges of the Supreme Court (Article 124) and of the High Courts (Article 217) are all appointed by the President under his hand and seal.
The Vice-President is elected by all members of both Houses of Parliament, elected and nominated, with no role for state assemblies (1), and as Chairman of the Rajya Sabha he has a casting vote in a tie (5). Statement 2 is wrong because he is removed by a simple Rajya Sabha resolution agreed to by the Lok Sabha, with no grounds laid down and no impeachment; statement 3 is wrong because his oath is given in Article 69, not the Third Schedule; and statement 4 is wrong because the Deputy Chairman is elected by Rajya Sabha members, not appointed by him.
Both statements are true and R explains A. The President is elected indirectly, by an electoral college of the elected members of both Houses of Parliament and of the State Legislative Assemblies (Article 54). The Constituent Assembly chose this because in a parliamentary system the head of State is only a nominal head; a President with a direct popular mandate would sit oddly beside a Council of Ministers that holds the real power.
Under Article 164 the Chief Minister and the other ministers hold office during the pleasure of the Governor, not the President, so statement 3 is incorrect. Statement 1 is correct: the Chief Minister sits on the Inter-State Council and on the Governing Council of NITI Aayog, both chaired by the Prime Minister. Statement 2 is also correct, since Article 164(2) makes the Council of Ministers collectively responsible to the State Legislative Assembly.
The President is elected only by elected MPs and elected MLAs of states (and Delhi, Puducherry), so nominated members are left out and statement 1 is wrong. The Vice-President is elected by all MPs, elected and nominated, with no role for state assemblies, so statements 2, 3 and 4 are right.
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The exams behind these questions, most first. A paper here is a sitting: a question set in two papers of the same sitting counts once.
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