JAGTIV · Previous Year Questions

UPSSSC

INDIAN CONSTITUTION & PUBLIC ADMINISTRATION · 2022

Previous Year Question

A person who is not a member of Parliament can be appointed as a Minister by the President for a maximum period of how many months?

A.
9 months
B.
3 months
C.
12 months
D.
6 months

Correct Answer: D

Detailed Solution

Under Article 75(5) of the Constitution of India, if a Minister is not a member of either House of Parliament for six consecutive months, that person ceases to be a Minister at the expiration of that period.


Therefore, a person who is not a member of either the Lok Sabha or the Rajya Sabha at the time of appointment can be made a Minister, but to continue as a Minister, that person must become a member of either House within that period. If the person remains a non-member for six consecutive months, the ministerial office must cease.


Important fact: The question uses the expression “appointed for a maximum period,” whereas the actual constitutional wording is more precise. Article 75(5) does not state that the appointment itself is made only for six months; it provides that a Minister who remains a non-member of either House of Parliament for six consecutive months shall cease to be a Minister at the expiry of that period.

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