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Difficulty: MediumUnion Executive: President, Vice-President, PM, and Council of Ministers

Under Article 74(1) of the Constitution of India, as amended by the 44th Constitutional Amendment Act, 1978, which of the following statements correctly describes the constitutional position of the President regarding the advice tendered by the Union Council of Ministers?

  1. The President may require the Council of Ministers to reconsider such advice, but must act in accordance with the advice tendered after such reconsideration.Answer
  2. B
    The President possesses absolute discretionary authority to reject the tendered advice without referring it back for Cabinet reconsideration.
  3. C
    The President must independently refer any disputed ministerial advice to the Supreme Court for judicial review under Article 143 before taking executive action.
  4. D
    The President can permanently override Cabinet advice whenever the proposed executive action conflicts with a non-justiciable Directive Principle of State Policy.

Answer

The President may require the Council of Ministers to reconsider such advice, but must act in accordance with the advice tendered after such reconsideration.
The correct option accurately states the proviso added to Article 74(1) by the 44th Constitutional Amendment Act, 1978. While the President can request the Council of Ministers to reconsider their advice, the President must act according to the advice tendered after such reconsideration.

Step-by-Step Solution

1
Identify the core constitutional provision being tested.
Article 74(1) governs the executive relation between the President and the Council of Ministers headed by the Prime Minister.
Understanding the scope of ministerial advice is essential to understanding the parliamentary form of government in India.
2
Analyze the impact of key Constitutional Amendment Acts.
The 42nd Amendment Act (1976) made Cabinet advice strictly binding on the President. The 44th Amendment Act (1978) introduced a proviso allowing the President to return advice once for reconsideration.
The 44th Amendment restored a limited check by giving the President one-time suspensive power to request reconsideration.
3
Evaluate the binding nature post-reconsideration.
Once the Council of Ministers reconsider the advice and resubmit it (whether modified or unchanged), the President is constitutionally obligated to accept it.
This maintains the supremacy of the elected Council of Ministers responsible to the Lok Sabha.

Key Concept

Presidential Obligation to Ministerial Advice under Article 74
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Topics

Union Executive: President, Vice-President, PM, and Council of Ministers

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