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INDIAN POLITY > 25.Council of Ministers and Attorney General of India > Flashcards

25.Council of Ministers and Attorney General of India Flashcards

1
Q

What is the role of the Council of Ministers?

A

The Council of Ministers has a dual role as part of both the Legislature and the Executive.

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2
Q

Which article deals with the status of the Council of Ministers?

A

Article 74 deals with the status of the Council of Ministers.

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3
Q

What does Article 75 cover?

A

Article 75 covers the appointment, tenure, responsibility, qualification, oath, and salaries and allowances of the ministers.

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4
Q

According to Article 74, who is at the head of the Council of Ministers?

A

The Prime Minister is at the head of the Council of Ministers.

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5
Q

How does Article 74 define the President’s relationship with the Council of Ministers?

A

Article 74 states that the President shall act in accordance with the advice of the Council of Ministers.

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6
Q

Can the President require the Council of Ministers to reconsider their advice?

A

Yes, the President can require the Council of Ministers to reconsider their advice, either generally or otherwise.

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7
Q

What happens if the President requires reconsideration of the advice?

A

The President shall act in accordance with the advice tendered after such reconsideration.

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8
Q

What did the 42nd Amendment (1976) clarify regarding the President’s obligation to the Council of Ministers’ advice?

A

The 42nd Amendment made it explicit that the President shall “act in accordance with such advice” of the Council of Ministers.

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9
Q

How many times can the President send the advice back for reconsideration?

A

The President can send the advice back for reconsideration once, as per the 44th Amendment (1978).

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10
Q

What is the outcome if the Council of Ministers sends the same advice to the President again?

A

If the Council of Ministers sends the same advice again to the President, then the President must accept it.

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11
Q

Can the advice tendered by Ministers to the President be inquired into in any court?

A

No, the advice tendered by Ministers to the President cannot be inquired into in any court.

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12
Q

Who appoints the Prime Minister and other Ministers according to Article 75(1)?

A

The President appoints the Prime Minister, and the other Ministers are appointed by the President on the advice of the Prime Minister.

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13
Q

What is the limit on the total number of ministers in the Council of Ministers, as stated in Article 75(1A)?

A

The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.

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14
Q

When was the provision regarding the limit on the number of ministers added to the Constitution?

A

The provision regarding the limit on the number of ministers was added by the 91st Amendment Act of 2003.

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15
Q

What is the disqualification for a member of Parliament to be appointed as a minister, as mentioned in Article 75(1B)?

A

A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.

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16
Q

What is the tenure of ministers according to Article 75(2)?

A

The ministers hold office during the pleasure of the President.

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17
Q

To whom is the Council of Ministers collectively responsible, as stated in Article 75(3)?

A

The Council of Ministers is collectively responsible to the Lok Sabha.

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18
Q

Who administers the oaths of office and secrecy to a minister, as mentioned in Article 75(4)?

A

The President administers the oaths of office and secrecy to a minister.

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19
Q

What happens if a minister is not a member of Parliament for six consecutive months, as per Article 75(5)?

A

If a minister is not a member of Parliament (either house) for any period of six consecutive months, they shall cease to be a minister.

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20
Q

Who determines the salaries and allowances of ministers, according to Article 75(6)?

A

The Parliament determines the salaries and allowances of ministers.

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21
Q

To whom is the council of ministers collectively responsible?

A

The council of ministers is collectively responsible to the Lok Sabha.

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22
Q

What does collective responsibility mean in the context of the council of ministers?

A

Collective responsibility means that Cabinet decisions bind all cabinet ministers and other ministers.

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23
Q

Can the President remove a minister even if the council of ministers enjoys the confidence of the Lok Sabha?

A

Yes, the President can remove a minister even if the council of ministers enjoys the confidence of the Lok Sabha, but this is done on the advice of the Prime Minister.

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24
Q

Does India have a system of legal responsibility for ministers like in Britain?

A

No, there is no provision in the Constitution for the system of legal responsibility of a minister in India.

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25
Q

What are the five categories of the Council of Ministers, in descending order of rank?

A

*Prime Minister: Leader of the executive of the Government of India.
*Deputy Prime Minister (if any): Presides as the prime minister in his absence or as the senior most cabinet minister. This is not mentioned in the constitution.
*Cabinet Minister: A member of the cabinet who leads a ministry.
*Minister of State (Independent charge): Junior minister not reporting to a cabinet minister.
*Minister of State (MoS): Deputy Minister reporting to a cabinet minister, usually tasked with a specific responsibility in that ministry.

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26
Q

When was the usage of the word “Cabinet” first introduced in the constitution?

A

The usage of the word “Cabinet” was first done in the constitution in Article 352 via the 44th Amendment.

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27
Q

Which ministers head the important ministries of the Central government?

A

Cabinet ministers head the important ministries of the Central government, such as home, defense, finance, external affairs, and more.

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28
Q

What can be the roles of Ministers of State?

A

Ministers of State can either be given independent charge of ministries/departments or can be attached to cabinet ministers.

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29
Q

What is the role of Deputy ministers?

A

Deputy ministers are not given independent charge of ministries/departments. They are attached to cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties.

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30
Q

What is the size of the Council of Ministers (CoMs)?

A

The Council of Ministers is a wider body consisting of 60-70 ministers.

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31
Q

Which categories of ministers are included in the Council of Ministers?

A

The Council of Ministers includes all three categories of ministers: cabinet ministers, ministers of state (independent charge), and ministers of state.

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32
Q

Do the members of the Council of Ministers meet as a body?

A

No, the Council of Ministers does not meet as a body.

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33
Q

What determines the functions of the Council of Ministers?

A

The functions of the Council of Ministers are determined by the Cabinet.

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34
Q

What is the role of the Council of Ministers in implementation?

A

The Council of Ministers implements decisions made by the Cabinet.

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35
Q

What type of body is the Council of Ministers?

A

The Council of Ministers is a constitutional body.

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36
Q

How many ministers are included in the Cabinet?

A

The Cabinet is a smaller body consisting of 15-20 ministers, specifically cabinet ministers.

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37
Q

How often does the Cabinet meet?

A

The Cabinet meets frequently as a body.

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38
Q

What is the role of the Cabinet in relation to the Council of Ministers?

A

The Cabinet directs the Council of Ministers by taking policy decisions.

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39
Q

What is the responsibility of the Cabinet in implementation?

A

The Cabinet supervises the implementation of decisions made by the Council of Ministers.

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40
Q

Which constitutional amendment inserted the provision for the Cabinet?

A

The provision for the Cabinet was inserted in Article 352 through the 44th Amendment.

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41
Q

What does the Cabinet enforce in relation to the Council of Ministers?

A

The Cabinet enforces the collective responsibility of the Council of Ministers.

42
Q

What is the highest decision-making body in a formal sense?

A

The Cabinet is the highest decision-making body in a formal sense.

43
Q

What is the “Inner Cabinet” or “Kitchen Cabinet”?

A

The “Inner Cabinet” or “Kitchen Cabinet” refers to a smaller body within the Cabinet that has become the real center of power.

44
Q

How long does the Council of Ministers function?

A

The Council of Ministers functions as long as it enjoys the confidence of the Lok Sabha.

45
Q

What is the concept that the Council of Ministers is based upon towards parliament?

A

The concept is the collective responsibility of the council of ministers towards parliament.

46
Q

What is another term for a No Confidence Motion?

A

A No Confidence Motion is also known as a “Floor test.”

47
Q

Is the No Confidence Motion mentioned in the Constitution?

A

No, the No Confidence Motion is not mentioned in the Constitution. However, it is mentioned in the Lok Sabha Rules 198.

48
Q

How is a No Confidence Motion initiated?

A

A notice is given to the Speaker, and if at least 50 members are in favor, a date for discussing the motion is assigned, usually within 10 days.

49
Q

What is required for a No Confidence Motion to be successful?

A

It must be passed by an absolute majority, which means more than 50% of the total membership of the house.

50
Q

What happens if a No Confidence Motion is passed?

A

If a No Confidence Motion is passed by an absolute majority, the government is removed.

51
Q

What is meant by “absolute majority”?

A

Absolute majority refers to a majority of more than 50% of the total membership of the house. For example, in the Lok Sabha with a total membership of 545, an absolute majority would be 273 votes.

52
Q

What is a whip in parliamentary parlance?

A

A whip is a written order that party members be present for an important vote or that they vote in a particular way.

53
Q

What is the origin of the term “whip”?

A

The term “whip” is derived from the old British practice of “whipping in” lawmakers to follow the party line.

54
Q

Can all parties in India issue a whip to their members?

A

Yes, all parties in India can issue a whip to their members.

55
Q

What is the role of a Chief Whip in a political party?

A

The Chief Whip is a senior member appointed by the party to issue whips and ensure party members attend debates and vote in line with the party’s stand.

56
Q

Why do political parties appoint Whips?

A

Political parties appoint Whips to ensure discipline within the party and to ensure that the acts of its members are consistent with the party’s stand, as they are responsible to the voters who supported them based on the party’s ideals and policies.

57
Q

What does it mean to “lift the whip”?

A

“Lifting the whip” refers to a situation where the Party Whip decides not to enforce the party’s policies and allows party members to vote according to their conscience. However, this is entirely discretionary.

58
Q

What is a One-line whip?

A

A One-line whip is used to inform members about a vote and allows them to abstain if they decide not to follow the party line.

59
Q

What is a Two-line whip?

A

A Two-line whip is issued to direct members to be present in the House during voting. No specific instructions are given on the voting pattern.

60
Q

What is a Three-line whip?

A

A Three-line whip is the strictest form of whip, issued to members directing them to vote as per the party line.

61
Q

What is the role of a Whip in parliamentary proceedings?

A

The Whip plays a crucial role in ensuring the smooth and efficient conduct of business on the floor of the House.

62
Q

What is one of the key responsibilities of a Whip?

A

One of the key responsibilities of a Whip is to ensure discipline among party members.

63
Q

How does a Whip assist party leaders?

A

The Whip identifies signs of discontent among MPs and informs the respective leaders of their party.

64
Q

What are the consequences of violating a party whip?

A

If an MP violates their party’s whip, they can face expulsion from the House under the Anti-Defection law.

65
Q

What is the Shadow Cabinet?

A

The Shadow Cabinet is an institution unique to the British political system. It is formed by the Opposition party to balance the ruling cabinet and prepare its members for future ministerial offices.

66
Q

How does the Shadow Cabinet work?

A

In the Shadow Cabinet, each member of the ruling cabinet is “shadowed” by a corresponding member from the opposition cabinet. These shadow ministers closely monitor and critique the work of their respective counterparts in the ruling party.

67
Q

What is the purpose of the Shadow Cabinet?

A

The Shadow Cabinet serves as an “alternate cabinet” and prepares the opposition party for potential government change. It allows the opposition to develop policies, challenge the ruling party, and be ready to assume ministerial roles if they come into power.

68
Q

Who is referred to as the “alternative Prime Minister” in relation to the Shadow Cabinet?

A

The leader of the Opposition is often referred to as the “alternative Prime Minister” because they lead the Shadow Cabinet and are seen as a potential future Prime Minister if their party comes into power.

69
Q

Is the concept of a Shadow Cabinet mentioned in the Indian Constitution?

A

No, the Indian Constitution does not mention the concept of a Shadow Cabinet. It is specific to the British political system.

70
Q

What is the Leader of Opposition (LoP)?

A

The Leader of Opposition (LoP) is a key functionary from the side of the opposition in the Parliament.

71
Q

Is the position of LoP mentioned in the Indian Constitution?

A

No, the position of LoP is not mentioned in the Indian Constitution. It is based on conventions and practices.

72
Q

What is the eligibility criterion for the Leader of Opposition?

A

While the constitution does not specify the eligibility, a convention has developed that the Leader of Opposition should have at least 10% of the seats in the Lok Sabha.

73
Q

What is the role of the Leader of Opposition?

A

The Leader of Opposition functions like the Shadow Prime Minister and provides an alternate option during the fall of the government.

74
Q

Is the Leader of Opposition recognized by the Speaker or Chairman?

A

Yes, the Leader of Opposition is a post recognized by the Speaker or Chairman of the respective house of Parliament.

75
Q

Why is the position of LoP important?

A

The position of LoP is important as the LoP is required in several important appointments, such as Lokpal, Director of CBI, and other significant positions.

76
Q

What happens when the opposition party fails to gather 10% of the seats in the Lok Sabha?

A

In such cases, controversy arises as the opposition party may not be accorded the position of Leader of Opposition. The largest pre-poll alliance may be considered for the position according to court rulings.

77
Q

What does Article 78 of the Constitution deal with?

A

Article 78 deals with the duties of the Prime Minister in respect to the furnishing of information to the President.

78
Q

What are the duties of the Prime Minister as stated in Article 78?

A

The duties of the Prime Minister as stated in Article 78 are:

*To communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation.
*To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
*If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

79
Q

What is the first duty of the Prime Minister mentioned in Article 78?

A

The first duty of the Prime Minister mentioned in Article 78 is to communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation.

80
Q

What is the second duty of the Prime Minister mentioned in Article 78?

A

The second duty of the Prime Minister mentioned in Article 78 is to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.

81
Q

What is the third duty of the Prime Minister mentioned in Article 78?

A

The third duty of the Prime Minister mentioned in Article 78 is to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council, if the President so requires.

82
Q

What does Article 76 of the Constitution mention?

A

Article 76 of the Constitution mentions the office of Attorney General for India.

83
Q

What is the role of the Attorney General of India?

A

The Attorney General of India is the highest law officer of the country. It is the duty of the Attorney General to give advice to the Government of India on legal matters and perform other assigned legal duties.

84
Q

How is the Attorney General appointed?

A

The President appoints a person who is qualified to be appointed a Judge of the Supreme Court to be the Attorney General for India.

85
Q

What are the duties of the Attorney General?

A

The Attorney General is responsible for giving legal advice to the Government of India and performing other legal duties referred or assigned to him by the President. He also discharges functions conferred on him by the Constitution or any other law.

86
Q

Where does the Attorney General have the right of audience?

A

The Attorney General has the right of audience in all courts in the territory of India.

87
Q

Where does the Attorney General have the right of audience?

A

The Attorney General has the right of audience in all courts in the territory of India.

88
Q

How long does the Attorney General hold office?

A

The Attorney General holds office during the pleasure of the President.

89
Q

Who determines the remuneration of the Attorney General?

A

The President determines the remuneration of the Attorney General.

90
Q

How is the Attorney General of India appointed?

A

The Attorney General of India is appointed by the President on the advice of the Council of Ministers.

91
Q

What are the qualifications required to be appointed as the Attorney General?

A

The qualifications to be appointed as the Attorney General of India are:

*Must be a citizen of India
*Must have been a judge of a High Court for at least five years, or
*Must have been an advocate of a High Court for at least ten years, or
*Must be an eminent jurist, in the opinion of the President.

92
Q

What are the duties of the Attorney General?

A

The duties of the Attorney General of India include giving legal advice to the Government of India, performing assigned legal duties by the President, and discharging functions conferred by the Constitution or other laws.

93
Q

What are the rights of the Attorney General?

A

The rights of the Attorney General include the right of audience in all courts in India, the right to participate in parliamentary proceedings without the right to vote, the right to speak or participate in committee meetings of Parliament, and enjoying privileges and immunities available to a member of Parliament.

94
Q

What is the tenure of the Attorney General?

A

The tenure of the Attorney General is not fixed, and the position is held at the pleasure of the President. The Attorney General can submit their resignation to the President.

95
Q

What are the limitations on the Attorney General?

A

The limitations on the Attorney General include not advising or holding a brief against the Government of India, not advising or holding a brief in cases where they are called upon to advise or appear for the Government, not defending accused persons in criminal prosecutions without government permission, and not accepting directorial appointments without government permission.

96
Q

Who leads the United States Department of Justice?

A

The United States attorney general leads the Department of Justice.

97
Q

What is the role of the attorney general in the United States?

A

The attorney general serves as the chief lawyer of the federal government of the United States and acts as the principal advisor to the president on legal matters.

98
Q

How is the attorney general of the United States appointed?

A

The attorney general is nominated by the President of the United States and confirmed by the U.S. Senate.

99
Q

Is there a designated term for the attorney general?

A

No, there is no designated term for the attorney general. The President can remove the attorney general from office at any time.

100
Q

What is the process if the attorney general needs to be impeached?

A

The attorney general can be impeached and tried by Congress if deemed necessary.

101
Q

How does the role of the attorney general in the United States differ from that in India?

A

Unlike India, where the attorney general is not part of the Cabinet, the United States attorney general is a key member of the executive branch and leads the Department of Justice. In India, the role of a law minister is distinct from that of the attorney general.

INDIAN POLITY (40 decks)

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