UPSC Prelims 2022 Q14: Council of Ministers Ranks and Size Cap
Consider the following statements:
1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (b) 2 only
Statement-wise explanation
- 1: incorrect — The Constitution does not rank ministers. Article 74 creates a Council of Ministers headed by the Prime Minister. Article 75 covers how ministers are appointed, their collective responsibility, oath and salary, but it never uses the terms Cabinet Minister, Minister of State or Deputy Minister. The three or four tiers come from parliamentary convention and practice, not from the constitutional text.
- 2: correct — Article 75(1A) says the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the People. The Constitution (Ninety-first Amendment) Act, 2003 inserted this clause. The cap is tied to the Lok Sabha only. Rajya Sabha strength plays no part in it.
How to eliminate
Statement 1 says 'The Constitution of India classifies'. That is a strong claim, because it says the text itself names four ranks. Most aspirants know that Article 75 deals with appointment, collective responsibility, the six-month rule and oaths, and that ministerial ranks are a matter of practice. Words like 'Minister of State with Independent Charge' sound like executive usage, not constitutional drafting. That doubt is enough to rule out the options that accept statement 1. Statement 2 is a direct recall of a much-asked fact: the 91st Amendment cap of 15% of Lok Sabha strength, with the Prime Minister counted. Facts to remember: the 15% cap is in Article 75(1A) for the Union and Article 164(1A) for the States, and the Constitution itself names no ranks.
Know more
Council of Ministers: what the Constitution says and what comes from practice
Article 74(1) creates a Council of Ministers headed by the Prime Minister to aid and advise the President. Article 75 then sets the rules:
| Clause | Rule |
|---|---|
| 75(1) | The President appoints the PM, and appoints other ministers on the PM's advice |
| 75(1A) | Total ministers, PM included, cannot exceed 15% of Lok Sabha members (91st Amendment, 2003) |
| 75(1B) | A member disqualified for defection under the Tenth Schedule cannot be made a minister until re-elected or until the term ends |
| 75(3) | The Council is collectively responsible to the Lok Sabha |
| 75(5) | A non-member must enter Parliament within six consecutive months or cease to be a minister |
Ranks come from convention, not the Constitution. In practice there are:
- Cabinet Ministers: senior ministers who head major ministries and form the Cabinet.
- Ministers of State (Independent Charge): run a ministry or department alone, without a Cabinet Minister above them.
- Ministers of State: attached to a Cabinet Minister.
- Deputy Ministers: assist other ministers. Recent governments have not appointed any.
The word 'Cabinet' entered the Constitution only through the 44th Amendment (1978), in Article 352. That use concerns emergency proclamations, not ranking.
The 91st Amendment, 2003 did three related things:
- It capped the Union Council at 15% of the Lok Sabha.
- It capped State Councils at 15% of the Legislative Assembly, with a floor of 12 ministers (Article 164(1A)).
- It barred defectors from holding ministerial or remunerative political posts (Articles 75(1B), 164(1B), 361B).
It also removed the Tenth Schedule's 'split' exception. With 543 elected Lok Sabha members, the Union ceiling works out to 81 ministers.
NCERT Concepts to Revise
- Limit on size of Council of Ministers: Statement 2 tests the exact ceiling on ministry size and the House it is measured against.
- 91st Constitutional Amendment Act 2003: The amendment behind the size limit. Its three changes explain why the cap and anti-defection rules came together.
- Council of Ministers: Both statements concern the Council of Ministers as a whole: who counts in it and how it is organised.
- Cabinet: Statement 1 uses 'Cabinet Minister', so you need to know where the Cabinet's existence and role come from.
- Minister of State (Independent Charge): Statement 1 lists this rank. Knowing what it means helps you judge where such ranks are defined.