Which one of the following statements is not correct?

[amp_mcq option1=”All executive actions of the Government of India are taken in the name of the President of India.” option2=”The President of India appoints a person as Attorney General of India provided she/he is qualified to be a Judge of the Supreme Court or a High Court.” option3=”The total number of Ministers in the Council of Ministers cannot exceed ten percent of the total number of members of the House of People.” option4=”The President of India is bound to act as per the advice tendered by the Council of Ministers.” correct=”option3″]

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UPSC CDS-1 – 2022

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Article 74(1A), inserted by the 91st Amendment Act, 2003, states that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People (Lok Sabha). Statement C incorrectly states the limit as ten percent.

The maximum strength of the Council of Ministers in the Union is capped at fifteen percent of the total strength of the Lok Sabha.

Option A is correct as per Article 77(1). Option B is incorrect because Article 76(1) states that the President shall appoint a person who is qualified to be appointed a Judge of the *Supreme Court* as the Attorney General, not Supreme Court *or* High Court. However, Option C presents a clearer factual error in the percentage figure. Option D is correct as per Article 74(1), as amended by the 42nd and 44th Constitutional Amendment Acts, making the President bound by the advice of the Council of Ministers (with a provision for sending advice back for reconsideration once). Given that C is a clear factual error regarding a significant amendment, it is the most likely intended incorrect statement.

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