Question

Two statements are given. Choose the correct option based on the statements
Statements :
1. The Ministers of a State in India shall be appointed by the Chief Minister.
2. The total number of Ministers including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen percent of the total number of members of the Legislative Assembly

• A. Only (1) is true
• B. Only (2) is true
• C. Both (1) and (2) are true
• D. Both (1) and (2) are false

Hint:

Remember the 91st Amendment: it fixed the size of the Council of Ministers at both the Central (Lok Sabha) and State (Assembly) levels to 15%.

Answer 1

The Correct Option is B

Concept: The State Council of Ministers is the real executive authority in the state. Its appointment and size are strictly regulated by Article 164 of the Indian Constitution to prevent jumbo cabinets and maintain political stability.

Step 1: Analyzing the Appointment Process (Statement 1).
Under Article 164(1), the Chief Minister is appointed by the Governor. The other Ministers are appointed by the Governor on the advice of the Chief Minister. The Chief Minister recommends the names, but the formal appointing authority is the Governor. $\text{Appointing Authority} = \text{The Governor}$ Therefore, Statement 1 is incorrect because it claims the CM appoints them directly.

Step 2: Analyzing the Cabinet Size Limit (Statement 2).
To prevent the misuse of ministerial posts for political gain, the 91st Constitutional Amendment Act, 2003 introduced Clause (1A) to Article 164. It states that the total number of ministers, including the CM, shall not exceed 15% of the total strength of the Legislative Assembly. $\text{Max Limit} = 15\% \text{ of Assembly Strength}$ Additionally, the number of ministers in a State shall not be less than 12. Statement 2 is correct.

Step 3: Conclusion.
Statement 1 is false because it misidentifies the appointing authority, while Statement 2 is a correct citation of the 91st Amendment rule. Final Answer: Option B