Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Executive

Question:

Which Article in the Indian constitution states that "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."

Options:

Article 74 (1)

Article 75

Article 78 (1)

Article 80

Correct Answer:

Article 74 (1)

Explanation:

The correct answer is Option 1 - Article 74 (1)

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.