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Q34
(CISF/2017)
Polity & Governance › Union Executive
Which one of the following statements about the Union Council of Ministers is not correct ?
Result
Your answer:
—
·
Correct:
D
Explanation
Option D is incorrect because Article 74(2) of the Indian Constitution explicitly states that "the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court." This provision protects the confidentiality of the advice and bars it from judicial scrutiny.
Other statements are correct based on the following:
- Article 74(1) provides for a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions (Options A and B).
- The 44th Constitutional Amendment Act, 1978, added a proviso to Article 74(1), which empowers the President to require the Council of Ministers to reconsider such advice. However, the President must act in accordance with the advice tendered after such reconsideration (Option C).
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