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Q106 (IAS/2002) Polity & Governance › Constitutional Basics & Evolution › Constitutional amendments Answer Verified

Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?

Result
Your answer: —  Â·  Correct: D
Explanation

The power to send back a matter for reconsideration by the Council of Ministers was introduced by the 44th Amendment. The 42nd Amendment had made the President strictly bound to act on ministerial advice, but the 44th Amendment (1978) inserted a proviso in Article 74(1) allowing the President to require the Council of Ministers to reconsider its advice, after which the President must act on the advice tendered following such reconsideration. Thus the Constitution now preserves the binding nature of ministerial advice while permitting a single-stage reconsideration by the Council at the President’s request [2].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
  2. [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
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