Under which Article of the Indian Constitution shall there be a Council of Ministers to aid and advise the President, with the Prime Minister as its head?
- AOption (a)
Article 52(2)
- BOption (b)
Article 74(1)
- COption (c)
Article 76(1)
- DOption (d)
Article 70(2)
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Correct answer
Article 74(1)
Why this answer is correct
The correct answer is Article 74(1).
Key Points
- Article 74(1) of the Indian Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President in the exercise of his functions.
- According to this article, the President shall act in accordance with the advice tendered by the Council of Ministers, emphasizing the parliamentary form of government where the executive is responsible to the legislature.
- The 42nd Constitutional Amendment Act, 1976, made the advice of the Council of Ministers binding on the President, ensuring that the President remains a constitutional or titular head.
- The 44th Constitutional Amendment Act, 1978, introduced a provision allowing the President to return the advice for reconsideration once; however, the President is bound to follow the advice given after such reconsideration.
- The nature of the advice tendered by the ministers to the President is protected from judicial scrutiny and cannot be inquired into in any court of law, as per Article 74(2).
Additional Information
- Article 52
- States that there shall be a President of India, who serves as the Head of State and the Supreme Commander of the Armed Forces.
- The executive power of the Union is vested in the President and is exercised by him either directly or through officers subordinate to him.
- Article 76
- Deals with the office of the Attorney-General for India, the highest law officer in the country.
- The Attorney-General is appointed by the President and holds office during the pleasure of the President.
- Article 70
- Provides for the discharge of the President’s functions in other contingencies not specifically mentioned in the Constitution.
- It empowers Parliament to make such provisions as it thinks fit for the discharge of the functions of the President in such cases.