Question map
From amongst the following, identify the correct option that captures the changes made in Article 74(1) of the Constitution of India through the 42nd Amendment Act, 1976.
Explanation
The 42nd Amendment Act of 1976 made a significant change to Article 74(1) of the Constitution of India by making the advice of the Council of Ministers binding on the President [3]. Before this amendment, the article stated there would be a Council of Ministers to 'aid and advise' the President, but it was ambiguous whether this advice was mandatory [1]. The 1976 amendment explicitly added the words 'who shall, in the exercise of his functions, act in accordance with such advice,' thereby removing any discretion the President might have had in executive functions [1]. While the 44th Amendment Act of 1978 later introduced a proviso allowing the President to return advice for reconsideration once, the core requirement to act in accordance with the final advice (as established by the 42nd Amendment) remains the governing principle of India's parliamentary system [5].
Sources
- [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 4: EXECUTIVE > Power and position of President > p. 84
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
- [5] https://en.wikipedia.org/wiki/Article_74_of_the_Constitution_of_India