Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Executive

Question:

Which of the following statements is correct about the President and the Council of Ministers in India?

Statement A- The advice of the Council of Ministers is binding on the President.
Statement B- The President can ask the Council of Ministers to reconsider its advice and can reject the reconsidered advice of the Council of Ministers.

Choose the correct answer from the given options:

Options:

Only Statement 'A' is correct.

Only Statement 'B' is correct.

Both Statements are correct.

Both Statements are incorrect.

Correct Answer:

Only Statement 'A' is correct.

Explanation:

The correct answer is Option 1 - Only Statement 'A' is correct.

Statement A- The advice of the Council of Ministers is binding on the President.

 

Correction in the incorrect Statement B- The President can ask the Council of Ministers to reconsider its advice but, HAS TO ACCEPT the reconsidered advice of the Council of Ministers.


Article 74 (1) states: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice.
Provided that the President may require the Council of Ministers to reconsider such advice….., and the President shall act in accordance with the advice tendered after such reconsideration.

The word shall means here that the advice is binding on the President. In view of the controversy about the scope of the President’s powers, a specific mention was made in the Constitution by an amendment that the advice of the Council of Ministers will be binding on the President. By another amendment made later, it was decided that the President can ask the Council of Ministers to reconsider its advice but, has to accept the reconsidered advice of the Council of Ministers.