Question map
Which one of the following statements is not correct ?
Explanation
The statement in option 3 is incorrect because the 91st Constitutional Amendment Act of 2003 stipulates that 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 (House of the People), not 10% [2]. Regarding other options, Article 77 mandates that all executive actions of the Government of India be taken in the name of the President. Under Article 76, the Attorney General must be a person qualified to be appointed as a Judge of the Supreme Court; qualification for a High Court alone is insufficient. Furthermore, Article 74, as amended by the 42nd and 44th Amendments, establishes that the President is generally bound to act in accordance with the advice tendered by the Council of Ministers [5].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 21: Central Council of Ministers > Article 75-Others Provisions as to Ministers > p. 213
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 75-O ther Provisions as to Ministers > p. 213
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 214
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 21: Central Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 214
- [5] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210