PGLAW 2017 Panjab University Entrance Exam With Answers

Practice Mode:
60.

In India, A Person Can Be A Member Of State Council Of Ministers Without Being A Member Of State Legislatures For

A: A Max Period Of 12 Months
B: A Max Period Of 9 Months
C: A Max Period Of 6 Months
D: A Max Period Of 3 Months

The answer is: C

Explanation

As per Article 164 (4) of the Indian Constitution, a person can be appointed as a member of the State Council of Ministers without being a member of the state legislature, for a maximum period of six months.

This provision allows a non-member of the state legislature to be appointed as a Minister in the State Government for a short period of time, during which they can participate in the proceedings of the legislature, but cannot vote. This provision is intended to allow for the appointment of experts or individuals with specialized skills to the Council of Ministers, who may not be members of the legislature but can still contribute to the governance of the state.

It is worth noting that after the expiration of the six months period, a non-member of the state legislature who has been appointed as a Minister must get elected to the legislature within a further period of six months. If they fail to do so, they will cease to be a Minister. The Constitution also mandates that the total number of such Ministers cannot exceed 15% of the total number of members in the state legislature.